Found this in the paper for all those who hunt A22/D16
Posted 19 November 2012 - 06:27 PM
Posted 20 November 2012 - 09:16 AM
And on that thought... Bisley... would an arrow from 100 yds away penetrate a Barn? Sided in at least 1/2' prolly 3/4" ? And then possibly pass through injuring the persons at a Barn dance? You have to be kidding. Wouldnt the noise of the Barn dance have foiled the plot of the Illegal hunter in the first place? What? This fellow wasnt shooting Pen raised Ditch Chickens... It was a Deer... A Trophey! I dont want to start anything... but did you vote for Obama? This is rediculous.
Unfortunately it really doesn't matter as the person could be outside the barn and therefore the law. If it wasn't illegal he wouldn't have gotten the ticket. Petty as it was the law is the law.
ShooterJohn is quite right. How many stories have you heard of kids playing around a barn with a pellet gun trying to shoot pigeons, cans or whatever else? Each situation is different, he knew the barn was there but he didn't know if there was anyone around. I would presume he didn't fire in the direction of the barn. I still think he got a crummy deal.
Posted 20 November 2012 - 07:17 PM
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Posted 20 November 2012 - 07:29 PM
So my question is, how was this alleged violation brought to attention of this warden? Obviously not on the spot, and if not caught while it happened how can it be proven?
This is exactly what I meant when I referred to the Officer doing some great work (whether you like it or not) when he got the land owner to show him where the shot was taken from without giving away that there was a problem and raising any kind of red flags. The property owner has already admitted to where it was shot from without even realizing it. There is all the proof he needed, someone admitting to it happening. And what actually sounds like a witness, whether they wanted to be or not. The Officer was taught well, like him or not.
Posted 21 November 2012 - 11:17 AM
He should still get the recordand maybe add an asterix next to his name with some general info on the deer.
Posted 22 November 2012 - 02:10 PM
Posted 22 November 2012 - 02:28 PM
Section 3004. (Amended by Stats. 2009, Ch. 294, Sec. 11.)
Cite as: Cal. Fish & Game Code §3004.
(a)It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of any occupied dwelling house, residence, or other building or any barn or other outbuilding used in connection therewith. The 150-yard area is a “safety zone.”
(b)It is unlawful for any person to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner.
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Posted 22 November 2012 - 04:58 PM
I also have a problem with confiscation and tickets for something the GW has NO personal knowledge of. I suspect after all the hoopla that warden is going to eat that ticket and have to return or PAY for the carcass. And if it were me, I would file 'tortious acts under color of authority' with the punitive damages and watch weasel GW whine and cry when its HIS checkbook that has to come out since he was 'outside the course and scope of his position'.
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