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Re: Poached Bighorn? Or just playing the system?
[Re: Jgraider]
#7051432
01/24/18 07:22 PM
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Joined: Apr 2007
Posts: 60,681
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 60,681 |
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7051475
01/24/18 08:02 PM
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Joined: Jun 2015
Posts: 5,979
Jgraider
THF Trophy Hunter
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Joined: Jun 2015
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I took it that he has personally sheep hunted, not taken sheep hunters. Maybe I was mistaken.
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Re: Poached Bighorn? Or just playing the system?
[Re: kk66]
#7051481
01/24/18 08:05 PM
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Joined: Mar 2009
Posts: 4,426
jeffbird
Extreme Tracker
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I think so long as the guy legitimately met the residence requirements it shouldn't matter why he moved to the state. He was not a resident at the time he went hunting with a resident tag, according to the article.
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Re: Poached Bighorn? Or just playing the system?
[Re: Jgraider]
#7051486
01/24/18 08:07 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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I took it that he has personally sheep hunted, not taken sheep hunters. Maybe I was mistaken. He personally hunted a lot of years back in the 70s and 80s when it was easier to do so (easier draws, a couple of rams from MT unlimited units,etc.). Since then he has hunted a lot also, but certainly not every year - just when he drew tags, went on AK/Canada hunts, bought a TX tag, etc. He has taken 20+ rams and guided to over 100 more. The reference was to both hunting and guiding I assume.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7051489
01/24/18 08:08 PM
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Joined: Aug 2005
Posts: 32,092
txtrophy85
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I read it.
To me it looks as though he broke the law when he moved back to Arizona after drawing the tag.
However what if a legitimate reason, like a job transfer, forced his move? Then what? However this was not the case.
I give him credit for trying to find a loophole however he messed up when he went back to Arizona after drawing a tag to re-establish residence prior to the hunt
Personally I think the punishment in the form of revoking hunting rights is a bit extreme
IMO he wasn’t a poacher in the traditional sense he just tried to find a loophole which he did, he just didn’t wait it out long enough.
For it is not the quarry that we truly seek, but the adventure.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7051494
01/24/18 08:12 PM
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Joined: Apr 2005
Posts: 19,929
TurkeyHunter
THF Celebrity
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Posts: 19,929 |
Looks like he tried to game the system and it didn't work out the way he expected.
To be determined
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7051572
01/24/18 08:56 PM
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Joined: Sep 2010
Posts: 6,389
Blank
THF Trophy Hunter
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Posts: 6,389 |
The wife and I have actually discussed doing this , since we retired a year ago. I love Idaho but the winters on this side of the state and the higher elevation gets tougher every year. I have a lot of bonus points in both Utah and Arizona for several species, so when we do move, it will be a permanent relocation to a warmer climate (but will definitely take advantage of the built up points)
Beer and whiskey, 'cause you can't drink bacon!!
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Re: Poached Bighorn? Or just playing the system?
[Re: txtrophy85]
#7051582
01/24/18 09:01 PM
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Joined: Jul 2006
Posts: 110,809
dogcatcher
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I read it.
To me it looks as though he broke the law when he moved back to Arizona after drawing the tag.
However what if a legitimate reason, like a job transfer, forced his move? Then what? However this was not the case.
I give him credit for trying to find a loophole however he messed up when he went back to Arizona after drawing a tag to re-establish residence prior to the hunt
Personally I think the punishment in the form of revoking hunting rights is a bit extreme
IMO he wasn’t a poacher in the traditional sense he just tried to find a loophole which he did, he just didn’t wait it out long enough.
If I bought a lifetime license in Texas, knowing that I was getting ready to move to New Mexico, should that negate the Texas lifetime license?
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Poached Bighorn? Or just playing the system?
[Re: dogcatcher]
#7051593
01/24/18 09:05 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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Posts: 27,091 |
I read it.
To me it looks as though he broke the law when he moved back to Arizona after drawing the tag.
However what if a legitimate reason, like a job transfer, forced his move? Then what? However this was not the case.
I give him credit for trying to find a loophole however he messed up when he went back to Arizona after drawing a tag to re-establish residence prior to the hunt
Personally I think the punishment in the form of revoking hunting rights is a bit extreme
IMO he wasn’t a poacher in the traditional sense he just tried to find a loophole which he did, he just didn’t wait it out long enough.
If I bought a lifetime license in Texas, knowing that I was getting ready to move to New Mexico, should that negate the Texas lifetime license? It all gets real tricky real quickly. The “intent” element is the big deal. This is a good discussion, IMO most are right in assuming that the moving back to AZ after the draw was probably the biggest factor.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Poached Bighorn? Or just playing the system?
[Re: dogcatcher]
#7051630
01/24/18 09:30 PM
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Joined: Apr 2007
Posts: 60,681
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 60,681 |
I read it.
To me it looks as though he broke the law when he moved back to Arizona after drawing the tag.
However what if a legitimate reason, like a job transfer, forced his move? Then what? However this was not the case.
I give him credit for trying to find a loophole however he messed up when he went back to Arizona after drawing a tag to re-establish residence prior to the hunt
Personally I think the punishment in the form of revoking hunting rights is a bit extreme
IMO he wasn’t a poacher in the traditional sense he just tried to find a loophole which he did, he just didn’t wait it out long enough.
If I bought a lifetime license in Texas, knowing that I was getting ready to move to New Mexico, should that negate the Texas lifetime license? No, Texas doesn’t give preference on hunt drawings to Res. I don’t think Texas has the “specific” reason clause that Utah has. No reason too, Only hard core residency requirement is resident instate tuition. Hunting wise 6months
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Re: Poached Bighorn? Or just playing the system?
[Re: Nogalus Prairie]
#7051885
01/25/18 12:30 AM
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Joined: Oct 2014
Posts: 12,384
Duck_Hunter
THF Celebrity
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Joined: Oct 2014
Posts: 12,384 |
I read it.
To me it looks as though he broke the law when he moved back to Arizona after drawing the tag.
However what if a legitimate reason, like a job transfer, forced his move? Then what? However this was not the case.
I give him credit for trying to find a loophole however he messed up when he went back to Arizona after drawing a tag to re-establish residence prior to the hunt
Personally I think the punishment in the form of revoking hunting rights is a bit extreme
IMO he wasn’t a poacher in the traditional sense he just tried to find a loophole which he did, he just didn’t wait it out long enough.
If I bought a lifetime license in Texas, knowing that I was getting ready to move to New Mexico, should that negate the Texas lifetime license? It all gets real tricky real quickly. The “intent” element is the big deal. This is a good discussion, IMO most are right in assuming that the moving back to AZ after the draw was probably the biggest factor. I agree moving back before the hunt was the biggest factor. If someone goes through the hassle of moving to Utah, after 21 years of trying to draw a tag, just for the chance to hunt one animal, Utah seems ok with that. However, Utah doesn’t want you to be so blatant about it, that you move back home between your draw and your hunt. However, if your accrued points somehow factor into the draw after you establish residence (unless I’m confused, which is possible) then why is gaming the system in the manner this guy did an issue?
I just turned it on . I was looking bird dogs in the butt this morning.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7051897
01/25/18 12:40 AM
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Joined: Oct 2012
Posts: 29,732
Sneaky
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His points did factor in after gaining residency. So many tags are allotted to residents. So many to nonresidents. Those with the most points draw. Fewer points were required for a resident than a nonresident, that year, so he essentially cut in line, as they saw it. I don’t see a problem with it, but their law states, more or less, that you cannot do so for that sole purpose. Another key factor in this is proving motive. They didn’t have to, because he was honest about the whole thing.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052137
01/25/18 04:24 AM
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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 |
He’d have gotten off the hook if he’d converted to LDS and just spent the remainder of the year guiding elsewhere before spending so much time back in AZ. Another guy got in trouble for it 2 yrs ago. Ran a business inNV, claimed residency in UT, but stayed in his house in NV too much for UT’s liking.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052294
01/25/18 01:28 PM
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Joined: Apr 2013
Posts: 2,265
maximus_flavius
Veteran Tracker
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Veteran Tracker
Joined: Apr 2013
Posts: 2,265 |
If only the law put this much effort into catching illegals, child molesters, & politicians......
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052380
01/25/18 02:36 PM
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Joined: Jul 2007
Posts: 35,171
Brother in-law
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Posts: 35,171 |
I think the penalty was harsh
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052404
01/25/18 02:59 PM
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Joined: Dec 2016
Posts: 3,842
Wytex
Extreme Tracker
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Joined: Dec 2016
Posts: 3,842 |
His problem was not that he moved and was no longer a resident for the tag , he was never a resident in Utah's eyes so he obtained the tag fraudulently. He did not establish residency to apply as a resident. And you can not claim residency in 2 states. Did he have any resident Arizona tags, if so he may face charges in Arizona also. http://www.azgfd.gov/eservices/documents/Residency%20Fact%20Sheet.pdfAs a long time guide and sheep hunter he knew exactly how hard that tag was to draw and the chances of drawing as a non resident, he chose to take a illegal shortcut and got caught. Wonder why he chose a jury trial , probably because he knew the letter of the law would force a judge to convict him, he might have thought a jury would have some compassion but luckily they also followed the letter of the law. Kind of funny Sneaky says he sees "no problem with cutting in line". Would it be worth losing your hunting privileges in 48 states to cut in line? Not for me but that is my choice. I would be interested to know if any hunters were on that jury. sounds like there were judging by the verdict. In states where PP are a must to draw coveted tags, you don't cheat the system to get ahead, too many hunters won't put up with that. Lots of folks had legitimate chances to draw that tag and he took that away. For some it may have well been their once in a lifetime chance to hunt sheep. Ruin his life, no, but he knew fines would be high if he got caught, and the consequences of losing hunting privileges. He made that conscious decision.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052445
01/25/18 03:28 PM
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Joined: May 2011
Posts: 8,257
Double Naught Spy
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2011
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For those of you who think that his penalty was harsh or extreme, I would suggest he got off pretty darned easy. In Utah, a 3rd degree felony conviction can net you up to 5 years in jail. So now he just loses his guns (can't be a felon gun owner, but he can attempt to get his 2nd amendment rights restored), $30,750, and the right to hunt for the next 10 years in 47 states, but he is walking free and can still earn a living guiding hunts.
Imagine if he would have gotten 5 years in jail. At 69, there is a reasonable chance he would have died in jail.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052506
01/25/18 04:19 PM
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Joined: Nov 2012
Posts: 15,724
QuitShootinYoungBucks
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THF Celebrity
Joined: Nov 2012
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He fraudulently acquired the tag, seems like poaching to me. This seems to me like the guy that has millions of dollars and cheats to get one more million. Was it worth it?
Cheaters never prosper...
https://web.archive.org/web/20170223065011/http:/www.rrdvegas.com/silencer-cleaning.html
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Re: Poached Bighorn? Or just playing the system?
[Re: Double Naught Spy]
#7052511
01/25/18 04:21 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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Joined: Nov 2010
Posts: 27,091 |
For those of you who think that his penalty was harsh or extreme, I would suggest he got off pretty darned easy. In Utah, a 3rd degree felony conviction can net you up to 5 years in jail. So now he just loses his guns (can't be a felon gun owner, but he can attempt to get his 2nd amendment rights restored), $30,750, and the right to hunt for the next 10 years in 47 states, but he is walking free and can still earn a living guiding hunts.
Imagine if he would have gotten 5 years in jail. At 69, there is a reasonable chance he would have died in jail. I agree on that. The penalty/punishment could have been worse.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052518
01/25/18 04:24 PM
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Joined: Aug 2017
Posts: 1,363
Cherokee Mingan
Pro Tracker
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Pro Tracker
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Posts: 1,363 |
I wonder if the jury was all in the same family.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052523
01/25/18 04:27 PM
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Joined: Jul 2006
Posts: 110,809
dogcatcher
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If he had been an unknown, a regular guy off the block and did this, he would have never been suspected of this. Make me wonder how many others have done the same thing and Utah didn't have a clue.
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Poached Bighorn? Or just playing the system?
[Re: dogcatcher]
#7052533
01/25/18 04:35 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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If he had been an unknown, a regular guy off the block and did this, he would have never been suspected of this. Make me wonder how many others have done the same thing and Utah didn't have a clue. It happens under way worse circumstances than this all the time in all western states. The combination of Larry and the tag both being high-profile was a big factor. There’s also more to it than really needs to be discussed here. I’m not excusifying or justifying for my friend in this case, it’s just a fact.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Poached Bighorn? Or just playing the system?
[Re: dkershen]
#7052567
01/25/18 05:03 PM
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Joined: May 2011
Posts: 8,257
Double Naught Spy
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Well and with ONLY 10 resident tags issued that year and this apparently being an exceptional ram, you can be sure that this kill was going to be scrutinized along with the other 9 (assuming the other hunters managed to fill their tags). Had he killed a nominal deer on a resident license after no longer being a resident, he would have likely slipped through the system given the thousand of licenses and deer kills made each year in Utah. The bighorn tag is the hardest tag to get in Utah. Tags are issued as a once-in-a-lifetime opportunity. In 2012, they had a whopping 71 tags available and over 20k applicants. https://wildlife.utah.gov/hunting/biggame/pdf/bighorn-plan.pdf
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Re: Poached Bighorn? Or just playing the system?
[Re: Wytex]
#7052577
01/25/18 05:11 PM
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Joined: Oct 2014
Posts: 12,384
Duck_Hunter
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His problem was not that he moved and was no longer a resident for the tag , he was never a resident in Utah's eyes so he obtained the tag fraudulently. He did not establish residency to apply as a resident. And you can not claim residency in 2 states. Did he have any resident Arizona tags, if so he may face charges in Arizona also. http://www.azgfd.gov/eservices/documents/Residency%20Fact%20Sheet.pdfAs a long time guide and sheep hunter he knew exactly how hard that tag was to draw and the chances of drawing as a non resident, he chose to take a illegal shortcut and got caught. Wonder why he chose a jury trial , probably because he knew the letter of the law would force a judge to convict him, he might have thought a jury would have some compassion but luckily they also followed the letter of the law. Kind of funny Sneaky says he sees "no problem with cutting in line". Would it be worth losing your hunting privileges in 48 states to cut in line? Not for me but that is my choice. I would be interested to know if any hunters were on that jury. sounds like there were judging by the verdict. In states where PP are a must to draw coveted tags, you don't cheat the system to get ahead, too many hunters won't put up with that. Lots of folks had legitimate chances to draw that tag and he took that away. For some it may have well been their once in a lifetime chance to hunt sheep. Ruin his life, no, but he knew fines would be high if he got caught, and the consequences of losing hunting privileges. He made that conscious decision. Didn’t he pass the wait period after establishing residency in Utah and also have a drivers license from Utah (I believe it was six months)? He was awarded a resident tag from Utah, and that’s the why we are even discussing it. If so, he was absolutely a resident of Utah, but he violated the spirit of the law in putting in for a resident tag.
I just turned it on . I was looking bird dogs in the butt this morning.
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Re: Poached Bighorn? Or just playing the system?
[Re: Duck_Hunter]
#7052602
01/25/18 05:25 PM
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Joined: May 2011
Posts: 8,257
Double Naught Spy
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2011
Posts: 8,257 |
Didn’t he pass the wait period after establishing residency in Utah and also have a drivers license from Utah (I believe it was six months)? He was awarded a resident tag from Utah, and that’s the why we are even discussing it.
If so, he was absolutely a resident of Utah, but he violated the spirit of the law in putting in for a resident tag.
He didn't violate the spirit of the law. He violated the actual written law. He became a resident for the sole purpose of obtaining a resident tag. You can't do that as stipulated by Utah law I cited above. He then left Utah and moved back to AZ, but later hunted on a UT resident tag where he was no longer a resident. You don't get to hunt on a resident tag in Utah when you aren't a resident of the state.
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