ALDCNR has no law/reg that prohibits access down a RR to reach a hunting spot. Gun must be unloaded all the way.

I have seen instances where the RR objected to persons riding three wheelers down the tracks, I don't personally know of any problems with walking down the tracks.

troy

3toe,

30-06


On a WMA, the rule is no hunting within 100 yds of a "paved" road.

Regulation Book 2010-2011 bottom of page 83 paragraph (n)

Using only the Hunters Digest will get you in trouble.

ok 49er, what does that say to you. sir. give me your opinion

Wow, all of this seems really nit-picky. If the guy was doing as he said and just walking (with ammo in the mag but not chambered I think he said) then where does just plain old "better judgement" come in with the warden?

Look at it this way.. have you ever been pulled over for speeding and explained to the officer the reason, whatever it may be, and you were given a break.

As a firefighter, I know several police officers and a few wardens, they are all pretty good guys and use a lot of "walking around sense" when applying the laws.

I don't know, it all seems a bit harsh, all things considered if nothing else, let the guy off with a warning b/c of his service and ethical hunting background (according to his statement about no prior violations).

I'm not too savvy on laws and courtroom proceedings but I would try to get a court appointed attorney if my finances didnt allow me to hire one, and appeal. Personnally I would have went into the fight with an attorney to begin with.

Fred why is that?

Just my two cents

49er that is correct for a WMA, something I always have to remind myself of and unload well before I get to my vehicle. I actually came across a ladder stand recently on a WMA that may be within that 100yd boundary of a railroad.

The courts have stated:



The people reserve the right to bear arms... loaded arms. The state cannot trade permission to exercise the constitutional right to hunt for the surrender of a constitutional right to bear arms.

If it goes high enough in court, the Constitution will win.

rbgillaspie,



Like troy said, a salaried officer gets none of the fees or fines. An unsalaried officer can collect the same fee that a sheriff does but does not collect any part of the fine.

This particular warden likes to give people trouble. I live 1/4 mile from Perdido River WMA on the FL side. The river is the state line.

I took my 7 year old nephew with me to let our lab puppies swim in the river. We went to a sandbar on the river from the FL side. This same warden came to the sandbar from the AL side and tried to write me 2 tickets (one for me and one for my nephew) for not wearing hunters orange on a "Gun Hunt Day". I was not hunting and did not have a firearm!

I was not disrespectful, and he let me go with a warning. So to me that means that anyone fishing has to wear hunter orange on a gun hunt day too????

It was a total bunch of crap. He was writing tickets on the AL side of the river when I got there to a couple with their 3 kids for the same thing. Not wearing hunters orange while they let their dog swim.

There again, if these cases were to go high enough, many of them would lose out to the Constitution:




03/05/93 R.S.B. v. STATE
COURT OF CRIMINAL APPEALS OF ALABAMA
March 5, 1993

R.S.B.
v.
STATE

Appeal from Tuscaloosa Juvenile Court. (JU-92-283).

49er, Ok I guess what I am getting at. Do we have unsalaried officers and who are they

I don't know.

DCNR 1-800-262-3151 (it's a free call)

I don't agree with this either and usually I am first in line to defend game wardens for the job they have to do. You could wander around photographing birds without the hunter orange during the hunt legally I think. May not be the smartest thing to do but should be legal. Maybe someone needs to let the District V supervisor know about some of these questionable actions.

I remember a case in New Jersey that was bogus and a lot of forum members donated money to assist with his court case. I'd be willing to donate towards the original posters legal fees if he appeals if others here would be willing to do the same.

No unsalaried officers.....

ALDCNR pretty much phased out the "deputy game warden" idea. They were unsalaried but had very limited authority.

troy

there is no requirement for anyone to wear hunter orange when NOT hunting at any time. You should of refused the warning, and called the Montgomery office to report such actions. A warning ticket can only be given for a violation of reg/law that the officer deems a warning sufficient to handle the violation.

IF an Officer wrote such a warning, or ticket, he needs supervisory attention.

troy

MY advise it to appeal your conviction to Circuit Court and ask for a Jury Trial. You are going to have to post an Appeal Bond to do so, but, if you win, you will get it back. Good Luck. If you need a lawyer, I will be happy to recommend one to you in your area.

Troy,

If you are retired you will know Bill Gray the supervising biologist. Bill will vouch for my character and ethics while hunting. I saw Bill in January at Barbour county, he could not believe that I had received a ticket. Chris Nix called Bill and told him that he had met me, but mentioned nothing of the ticket. I harvested a 198 lb 8 point on Barbour county WMA middle of January this year. I hunt hard but I hunt legaly. Nix told me that I would have received the ticket even if I was just carrying a bow and the citation had absolutely nothing to do with the fact that I had a rifle. Officer Nix is known for being a liberal in his ticket writing. I feel that if you have a WMA that the tickets to hunter ratio is out of balance someone should noice. The Perdido River WMA is trashy and there is not even a descent place to use the restroom or camp. You can say whatever in his defense, but it is my opinion the young man leaves a lot to desired in a state biologist. I will not hunt in Baldwin county again, and will encourage other hunters not to hunt there. You have a kid with a badge who has no concept of law enforcement and a good ol boy court system to back him up. Some WMA's your odds of receiving a citation or much higher than harvesting a deer. If you drive down River Road on perdido you will see ground blinds in the road with rifles bointing straight down the road. This management area is poorly managed and most who had ever had any experiense with this WMA would say the say. If anyone here has ever had a good experience with Perdido River WMA or Chris Nix I welcome their input. I would love to hear from any hunter who has plead not guilty in Balwin county court and won. They also love to stack citations. On Jan 31 a kid who had a loaded weapon in his vehicle was charged with rifle roaded in vehicle, night hunting, hunting from a public roadway. Yes I did feel he was guilty. But this young man received more in fines than he can ever possibly pay. He would have come out better going to a zoo and dragging a deer out.
I only feel that hunters should be treated fairly by our LEO's and courts. Deer hunting is huge revenue in Alabama. Less privlidged hunters who are hunting public land should not be targeted or at higher risk of citations because of where they can afford to hunt.

Not Cool!

I should have made this more clear. He gave me a verbal warning, not a written. But he did make me load up the puppies and my nephew, and told me if he caught us back down there on a "gun hunt day" without orange he would write a ticket. I didn't know if I was in the right or wrong at the time, I don't hunt WMA's.

I found it hard to believe that everyone on the river that day was required to wear orange.

there is no regulation pertaining to non hunters on WMAs not being allowed on the WMA during a gun deer hunt that I can find.. Nor any requirement that a non hunter be required to wear hunter orange.

On a personal note I wouldn't get caught on a WMA during a gun hunt without an orange hat on...no matter what I was doing. Too many idjets.....

if in doubt always ask just what the reg/law number is that covers the violation....