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Re: My wife need a license? [Re: Jiggamitch] #7718389 01/15/20 11:59 AM
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Some funny folks here.

Hope the police doesn't suspect my kids of driving from their car seat. I mean they are in the truck. roflmao

Re: My wife need a license? [Re: Jiggamitch] #7718396 01/15/20 12:19 PM
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I hunted most of my life, not over thinking issues like this. I always intended to do the right thing and it was, and still is my intent to not break the rules. I grew up around cops, and they too respected game laws and we didn't talk a whole lot about hunting laws, we just followed them. That was how we operated. One year we needed a new person on the lease and unknowingly made a bad decision and got someone that was the self appointed game warden who was constantly one upping everyone with his vast knowledge of obscure game laws that he had to be making up, really wore us out. Took all of the fun out of it for himself, and his family. We mostly ignored him.

The last few years I've hunted in a way that really required me to know state law as it relates to trespass, taking and care of game and a few A.C.O.E. regulations. I made a few calls to the right people and really discovered a big difference between rumor, what I call folk lore law, individual interpretation and actual law.

My point of this rambling is, read the law yourself, use the brain God gave you and make a decision. Act on that decision. The laws are easily accessed as are the definitions to some of the words and terms. Someone will always be able to come up with some scenario under which a GW will give you a ticket. Most of the time, you wouldn't get a ticket under the circumstances they describe. If you were to get a ticket, that doesn't mean your guilty.

Get out there and enjoy it.


An unethical shot is one you take, that you know you shouldn't.
Re: My wife need a license? [Re: krmitchell] #7718427 01/15/20 01:21 PM
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Originally Posted by krmitchell
Originally Posted by Ktexas14
Originally Posted by krmitchell
Originally Posted by Ktexas14
Even if she picks up a dead bird or dead squirrel or helps you find them, that is technically in pursuit of game.

If a game warden wants to write you a ticket, the can.


So with that thinking if my 3 year old holds a deer head up after the shot for a picture, they are now hunting? I don't think so.


Your three year old didnt actively help you pursue game, spotting and retrieving game is definitely in pursuit of game. Also, your three year old isnt an adult.

Straight from TPWD
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

Make that argument to the game warden when he comes to check you that the wife had no part in taking or attempting to take the animal. I've met some that wouldnt have a problem with it and Ive met some that would.

Just buy the license and dont take the risk.

But you do you man.


My kids help me spot game and the entire family helps retrieve it when I shoot something. None of which requires a hunting license.. Being an adult/minor has nothing to do with needing a hunting license in Texas either. If one is hunting they need a license. If they aren’t, they don’tt need a license. Looking at animals, helping to find them or loading them into a truck doesn’t fall anywhere in the definition of hunting, that is just BS. Your statement about capture, trapping, etc, surely applies to the hunter who is actually hunting but in no way applies to someone just along for the hunt. I’m not going to argue anything with the GW, one gun, one hunter and one license is sufficient enough. Unless they see someone shooting, holding the gun or otherwise actually hunting it didn’t happen. No different than fishing with someone without a license on the boat. Quite honestly people saying someone who isn’t hunting and having no intentions of doing so needing a license is completely ridiculous and would never stand up in court.


Lol man, you do you.

I bet you do those activities on private property. Have you met any of the game wardens in North Texas on public lands? I have, some would give the ticket and some wouldnt.

Why take the risk over $20? Plus, every license bought funds TPWD.

Re: My wife need a license? [Re: Jiggamitch] #7718484 01/15/20 02:37 PM
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Again, this is pretty simple.

If you are hunting, you need a license. If you are not hunting, you do not.
LE is there to enforce the laws they witness being violated. Not to speculate and guess.

If this is on type II public land, then check on that. Rules may be different.

If some of you truly know wardens who would ticket or “harasses” people in this type of situation that is sad and not correct. I hope you are making reports and talking to superiors. Those type of wardens, and according to those on here, are numerous. They are hurting the future of our great sport and should be called out. Not only that, they are creating distrust and negative situations that “good” wardens are having to face and deal with daily.


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Re: My wife need a license? [Re: Sniper.270] #7718518 01/15/20 03:18 PM
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Originally Posted by Sniper.270
Again, this is pretty simple.

If you are hunting, you need a license. If you are not hunting, you do not.
LE is there to enforce the laws they witness being violated. Not to speculate and guess.

If this is on type II public land, then check on that. Rules may be different.

If some of you truly know wardens who would ticket or “harasses” people in this type of situation that is sad and not correct. I hope you are making reports and talking to superiors. Those type of wardens, and according to those on here, are numerous. They are hurting the future of our great sport and should be called out. Not only that, they are creating distrust and negative situations that “good” wardens are having to face and deal with daily.


True.

Our GW comes into camp and asks to see "everyone's" license. There are a few wives present, in camo, arriving in camp on S x S's with their husbands. They don't produce licenses's, but hang around while he does his thing. He's never frisked them for ammo in their pockets. GW's aren't fools, and do great work. They don't set themselves up for failure by writing citations based on what they think may have happened. The few times I have had personal knowledge of a citation from a GW, he had them dead to rights based on what he observed. (if you ever get a chance, look in the cab of their vehicles. They have a generous budget for night vision, and daytime, long range spotting equipment). They know the answer to the question, "Were you hunting", before they ask it.


An unethical shot is one you take, that you know you shouldn't.
Re: My wife need a license? [Re: Ktexas14] #7718538 01/15/20 03:42 PM
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Originally Posted by Ktexas14


Lol man, you do you.

I bet you do those activities on private property. Have you met any of the game wardens in North Texas on public lands? I have, some would give the ticket and some wouldnt.

Why take the risk over $20? Plus, every license bought funds TPWD.


I'm not risking anything because no one is breaking the law. With that thinking should my 3 year old go ahead and get a LTC as well so that when I'm carrying we don't have to risk there being confusion? Now doesn't that sound dumb? No one is getting ticketed for no hunting license for walking with someone while they are hunting. Simple as that.


Originally Posted by Sniper.270
Again, this is pretty simple.

If you are hunting, you need a license. If you are not hunting, you do not.
LE is there to enforce the laws they witness being violated. Not to speculate and guess.

If this is on type II public land, then check on that. Rules may be different.

If some of you truly know wardens who would ticket or “harasses” people in this type of situation that is sad and not correct. I hope you are making reports and talking to superiors. Those type of wardens, and according to those on here, are numerous. They are hurting the future of our great sport and should be called out. Not only that, they are creating distrust and negative situations that “good” wardens are having to face and deal with daily.


It seems that the same people continuously have problems with GW being "a-holes" to them.....It always makes me think that maybe they are the problem and not the GW. I know there is always an exception to the rules but I have yet to meet or hear about a GW that would ticket someones wife or kids for merely walking with them while they hunt.

Re: My wife need a license? [Re: Jiggamitch] #7718561 01/15/20 04:10 PM
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We "had" a lease member that told us we were breaking the law for feeding deer, since we were within a migratory bird flyway. He also parked in the middle of the roads, because he was in a leased vehicle, and didn't want it scratched. I don't think he hunts anymore.


An unethical shot is one you take, that you know you shouldn't.
Re: My wife need a license? [Re: Sniper.270] #7718617 01/15/20 04:54 PM
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Originally Posted by Sniper.270
Pretty simple. No license. No hunt. Don’t have to have a license to be with you.

She doesn’t have to prove she ain’t hunting. GW has to prove she is hunting.

Next someone will be saying you have to have a fishing license to ride in the boat with you.

Not if she is as smart as this woman,
A farmer and his wife got their crops planted on time, and off to a good start, so they decided to take a short vacation. They rented a cabin on a nearby lake for a few days of fishing and relaxation.

One morning after several hours of fishing, the farmer returned to the cabin for lunch and a nap. Although not familiar with the lake, the wife decides to take the boat out. She motored out a short distance, anchors, puts her feet up, and begins to read her book. The peace and solitude were magnificent.

A short time after settling in to her novel, a Game Warden pulled up next to her in his boat. He said, “Good morning, Ma’am. What are you doing?” “Reading a book,” she replies, thinking: Isn’t that obvious?

“You’re in a Restricted Fishing Area,” the Game Warden informs her. “I’m sorry, officer, but I’m not fishing. I’m reading.” “Yes, but I see you have all the equipment. For all I know you could start fishing at any moment. I’ll have to take you in and write you up.”

“If you do that, I’ll have to charge you with sexual assault,” said the woman. “But I haven’t even touched you!” says the Warden. “That’s true, but you have all the equipment. For all I know you could start at any moment.”

The Game warden said, “Have a nice day, Ma’am,” and and tipped his cap as he pulled away.


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Re: My wife need a license? [Re: Jiggamitch] #7718631 01/15/20 05:04 PM
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That OLD one was posted on THF just a bit ago.
Kinda funny.


Not relevant at all.


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Re: My wife need a license? [Re: Jiggamitch] #7718739 01/15/20 06:38 PM
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You are right it is not relevant at all, but it's funny. And I have noticed that there are always several "not relevant at all" messages in all the threads.


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Re: My wife need a license? [Re: ducknbass] #7718752 01/15/20 06:49 PM
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Originally Posted by ducknbass
Some funny folks here.

Hope the police doesn't suspect my kids of driving from their car seat. I mean they are in the truck. roflmao


I'l get you next time! grin

Re: My wife need a license? [Re: Mr. T.] #7718759 01/15/20 06:57 PM
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Originally Posted by Mr. T.
You are right it is not relevant at all, but it's funny. And I have noticed that there are always several "not relevant at all" messages in all the threads.


Double amen to that brother. But it’s only slightly funny. wink


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Re: My wife need a license? [Re: Choctaw] #7718769 01/15/20 07:06 PM
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Originally Posted by Choctaw
Originally Posted by ducknbass
Some funny folks here.

Hope the police doesn't suspect my kids of driving from their car seat. I mean they are in the truck. roflmao


I'l get you next time! grin


peep

Re: My wife need a license? [Re: krmitchell] #7718778 01/15/20 07:23 PM
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Originally Posted by krmitchell
My kids help me spot game and the entire family helps retrieve it when I shoot something. None of which requires a hunting license.. Being an adult/minor has nothing to do with needing a hunting license in Texas either. If one is hunting they need a license. If they aren’t, they don’tt need a license. Looking at animals, helping to find them or loading them into a truck doesn’t fall anywhere in the definition of hunting, that is just BS. Your statement about capture, trapping, etc, surely applies to the hunter who is actually hunting but in no way applies to someone just along for the hunt. I’m not going to argue anything with the GW, one gun, one hunter and one license is sufficient enough. Unless they see someone shooting, holding the gun or otherwise actually hunting it didn’t happen. No different than fishing with someone without a license on the boat. Quite honestly people saying someone who isn’t hunting and having no intentions of doing so needing a license is completely ridiculous and would never stand up in court.


Your kids help spot and retrieve game? Man, that 100% falls into the category of tasks that require a hunting license. Pulling the trigger that kills the animal is not the sole task that is "hunting". "Spotting" and "Retrieving" are part of the pursuit and taking of the animal. Essentially, "participating" in any way in the taking of game requires a hunting license. It's kind of like claiming that the 3 people that are out in the woods, intentionally (intentionally being important here) "driving deer" in your direction aren't hunting because they aren't killing the game. I can guarantee you that if you tell any judge in the state of TX that your kid was helping you spot game to kill - that they'll tell you he was participating in a hunting activity that requires a license. Now you have judges that will still turn around and dismiss it because they think it's dumb (and it is) but they aren't going say it's not a hunting activity that require a license.

Don't get me wrong, I think it's non-sense and should be limited to the person pulling the trigger....and I'm also not saying a GW would cite you for it... but yeah, it's technically participation that require a license.

Probably not something you are likely to get in trouble for on private land but on public land you have a high likelihood of getting cited for it.

Last edited by Binary; 01/15/20 07:37 PM.
Re: My wife need a license? [Re: DeleteThisAccount] #7718791 01/15/20 07:39 PM
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Originally Posted by Binary
Originally Posted by krmitchell
My kids help me spot game and the entire family helps retrieve it when I shoot something. None of which requires a hunting license.. Being an adult/minor has nothing to do with needing a hunting license in Texas either. If one is hunting they need a license. If they aren’t, they don’tt need a license. Looking at animals, helping to find them or loading them into a truck doesn’t fall anywhere in the definition of hunting, that is just BS. Your statement about capture, trapping, etc, surely applies to the hunter who is actually hunting but in no way applies to someone just along for the hunt. I’m not going to argue anything with the GW, one gun, one hunter and one license is sufficient enough. Unless they see someone shooting, holding the gun or otherwise actually hunting it didn’t happen. No different than fishing with someone without a license on the boat. Quite honestly people saying someone who isn’t hunting and having no intentions of doing so needing a license is completely ridiculous and would never stand up in court.


Your kids help spot and retrieve game? Man, that 100% falls into the category of tasks that require a hunting license. Pulling the trigger that kills the animal is not the sole task that is "hunting". "Spotting" and "Retrieving" are part of the pursuit and taking of the animal. Essentially, "participating" in any way in the taking of game requires a hunting license. It's kind of like claiming that the 3 people that are out in the woods, intentionally (intentionally being important here) "driving deer" in your direction aren't hunting because they aren't killing the game. I can guarantee you that if you tell any judge in the state of TX that your kid was helping you spot game to kill - that they'll tell you he was participating in a hunting activity that requires a license. Now you have judges that will still turn around and dismiss it because they think it's dumb (and it is) but they aren't going say it's not a hunting activity that require a license.

Don't get me wrong, I think it's non-sense and should be limited to the person pulling the trigger....and I'm also not saying a GW would cite you for it... but yeah, it's technically participation that require a license.

Probably not something you are likely to get in trouble for on private land but on public land you have a high likelihood of getting cited for it.


I welcome the day a GW writes a kid a ticket for going along on a hunt with their dad, using binoculars while on the hunt and helping their dad load their deer.

Also, from the outdoor annual, the definition of "hunt"

Quote
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.


Point to me where it says spotting and retrieving game falls into that definition. An observer isn't doing any of the above actions.

Also, licensing wording:

Quote
Hunting License

A hunting license is required of any person, regardless of age, who hunts any animal, bird, frog or turtle in Texas (except furbearers, if the hunter possesses a trapper's license.)

Last edited by krmitchell; 01/15/20 07:44 PM.
Re: My wife need a license? [Re: Jiggamitch] #7718793 01/15/20 07:42 PM
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If it's a WMA, she does need a limited use permit though.


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Re: My wife need a license? [Re: krmitchell] #7718805 01/15/20 07:54 PM
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Originally Posted by krmitchell


I welcome the day a GW writes a kid a ticket for going along on a hunt with their dad, using binoculars while on the hunt and helping their dad load their deer.

Also, from the outdoor annual, the definition of "hunt"

Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

Point to me where it says spotting and retrieving game falls into that definition.


Like I said, I don't disagree with you that it's nonsense. And with federal public lands - a lot of the areas have gone the extra step to point out specifically that non-licensed people can't accompany you because people do get caught/cited for it and the federal land managers in a lot of those areas don't like to see it happen, so they want to make people aware of it.

But to answer your question "spotting" and "retrieving" are tasks associated with the "capture, trapping, taking, or killing" of the animal or the attempt to do so. If you can't spot the animal, you can't kill it. It's just like "Pulling the trigger" isn't specifically listed either but is a task associated with the "capture, trapping, taking, or killing" of the animal or the attempt to do so. In other words, if any action is taken in furtherance of the "capture, trapping, taking, or killing" of an animal, it requires a license.

Again, I think it's BS but I think a lot of the hunting regulations are BS... it's just another avenue of revenue generation for the state. Although, it takes a special kind of GW to cite for it if it's just a parent and their kid spending some time together.

Last edited by Binary; 01/15/20 08:05 PM.
Re: My wife need a license? [Re: Jiggamitch] #7718811 01/15/20 08:00 PM
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Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

You dont think someone saying "Hey there is one, shoot it" furthers the success of killing an animal?

Re: My wife need a license? [Re: krmitchell] #7718820 01/15/20 08:10 PM
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Originally Posted by krmitchell
Originally Posted by Ktexas14
Originally Posted by krmitchell
Originally Posted by Ktexas14
Even if she picks up a dead bird or dead squirrel or helps you find them, that is technically in pursuit of game.

If a game warden wants to write you a ticket, the can.


So with that thinking if my 3 year old holds a deer head up after the shot for a picture, they are now hunting? I don't think so.


Your three year old didnt actively help you pursue game, spotting and retrieving game is definitely in pursuit of game. Also, your three year old isnt an adult.

Straight from TPWD
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

Make that argument to the game warden when he comes to check you that the wife had no part in taking or attempting to take the animal. I've met some that wouldnt have a problem with it and Ive met some that would.

Just buy the license and dont take the risk.

But you do you man.


My kids help me spot game and the entire family helps retrieve it when I shoot something. None of which requires a hunting license.. Being an adult/minor has nothing to do with needing a hunting license in Texas either. If one is hunting they need a license. If they aren’t, they don’tt need a license. Looking at animals, helping to find them or loading them into a truck doesn’t fall anywhere in the definition of hunting, that is just BS. Your statement about capture, trapping, etc, surely applies to the hunter who is actually hunting but in no way applies to someone just along for the hunt. I’m not going to argue anything with the GW, one gun, one hunter and one license is sufficient enough. Unless they see someone shooting, holding the gun or otherwise actually hunting it didn’t happen. No different than fishing with someone without a license on the boat. Quite honestly people saying someone who isn’t hunting and having no intentions of doing so needing a license is completely ridiculous and would never stand up in court.

KR being you don't have your location posted I will have to guess where you hunt and fish. Many years ago in Harrison County my dad and I were cat fishing and there was another boat tied up close to us (Caddo Lake in the River) when a game warden pulled up and started checking licenses. We were good but the other boat had a lady sunning herself and not fishing. However the man in the boat had multiple fishing poles set out as we did and the GW wrote the lady a ticket for fishing without a license because of the multiple poles. In Northeast Texas we have had several GW's get in trouble with the law over the years, had one put an eye out trying to shoot the lock off of a deer camp gate. I respect the laws and most of the ones that enforce them as they have a thankless job but I also feel some think their job is to write tickets. I have been stopped multiple times hunting and fishing with only one warning because someone pushed all of our dove into one pile. It is easier to follow the laws and not worry about it.

Re: My wife need a license? [Re: Ktexas14] #7718861 01/15/20 09:02 PM
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Originally Posted by Ktexas14
Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

You dont think someone saying "Hey there is one, shoot it" furthers the success of killing an animal?


What does that have to do with “hunting”? Nothing in that definition comes close to touching that and it isn’t illegal to have your non licensed kid or wife with you while hunting. There is zero wording in the regulations that state that looking at a deer through binoculars now constitutes you as being a hunter. On the contrary, hunting is clearly defined above. In no way is someone who spots a deer doing any of those actions, they are literally just looking at it.

Last edited by krmitchell; 01/15/20 09:05 PM.
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Originally Posted by Binary
Originally Posted by krmitchell


I welcome the day a GW writes a kid a ticket for going along on a hunt with their dad, using binoculars while on the hunt and helping their dad load their deer.

Also, from the outdoor annual, the definition of "hunt"

Hunt
To capture, trap, take, or kill, and includes the act of attempting to capture, trap, take, or kill.

Point to me where it says spotting and retrieving game falls into that definition.


Like I said, I don't disagree with you that it's nonsense. And with federal public lands - a lot of the areas have gone the extra step to point out specifically that non-licensed people can't accompany you because people do get caught/cited for it and the federal land managers in a lot of those areas don't like to see it happen, so they want to make people aware of it.

But to answer your question "spotting" and "retrieving" are tasks associated with the "capture, trapping, taking, or killing" of the animal or the attempt to do so. If you can't spot the animal, you can't kill it. It's just like "Pulling the trigger" isn't specifically listed either but is a task associated with the "capture, trapping, taking, or killing" of the animal or the attempt to do so. In other words, if any action is taken in furtherance of the "capture, trapping, taking, or killing" of an animal, it requires a license.

Again, I think it's BS but I think a lot of the hunting regulations are BS... it's just another avenue of revenue generation for the state. Although, it takes a special kind of GW to cite for it if it's just a parent and their kid spending some time together.


Completely disagree. Nowhere do the regulations come close to saying spotting a deer constitutes hunting. Hunting is clearly defined and there is no mention of tasks associated automatically making someone a hunter. With that argument whoever is driving the truck to drop you off at the blind is assisting in you killing a deer and now needs a license.

Re: My wife need a license? [Re: krmitchell] #7718884 01/15/20 09:20 PM
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Originally Posted by krmitchell


Completely disagree. Nowhere do the regulations come close to saying spotting a deer constitutes hunting. Hunting is clearly defined and there is no mention of tasks associated automatically making someone a hunter. With that argument whoever is driving the truck to drop you off at the blind is assisting in you killing a deer and now needs a license.


Not really worth my time to keep arguing over. I've explained why you are wrong and if you can't grasp it, there isn't anything I can do to help you. You can choose to accept what I've said or you can choose not to, it doesn't affect me at all. Besides, us pesky attorneys don't really know anything about the interpretation of laws/rules/regulations...and there is no way we've ever been in a court room and seen this situation play out.

I respectfully bow out. Good luck to you and the family on your hunting trips.

Re: My wife need a license? [Re: Jiggamitch] #7718929 01/15/20 10:05 PM
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Forget the license. Just get you an attorney on retainer.


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Re: My wife need a license? [Re: Jiggamitch] #7718937 01/15/20 10:14 PM
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but the other boat had a lady sunning herself and not fishing. However the man in the boat had multiple fishing poles set out as we did and the GW wrote the lady a ticket for fishing without a license because of the multiple poles.


Not saying it did not happen. I was not there, but I would have to witness that with my own eyes to ever believe that.

So, now we have to have multiple fishing license to have out multiple poles. Let’s go. Ha.

I do not care what the situation is, if a warden does not see a violation, or does not investigate and find FACTS that supported his belief a citation would not be written nor would it stand up in court. This is not Minority Report.


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Re: My wife need a license? [Re: Jiggamitch] #7718976 01/15/20 10:54 PM
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I’m not going to attempt to get into the legality of it. I’m not a lawman or a lawyer. My wife does not hunt. I have from time to time taken her with me though. I always buy her a license first. If there was an issue whether she was guilty or not the time and effort before a judge would be more hassle and expense than a license. The down side of any possibility of getting her name in the paper and me cooking my own supper or even worse at bedtime just isn’t worth saving the price of a license to me.

Your wife, your call.


Smokey Bear---Lone Star State.
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