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Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #118502
04/13/11 01:42 PM
04/13/11 01:42 PM
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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Bucky205 Offline OP
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Bucky205  Offline OP
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Joined: Feb 2011
Posts: 595
St. Clair, Alabama
Not sure how the DA can enter into an signed agreement to nolle proc on the part of the state, then a judge deny the motion of the DA to do so. Makes you wonder who is prosecuting if it is not the Distric Attorney.


"There are no easy days, not even yesterday"
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119213
04/15/11 01:26 PM
04/15/11 01:26 PM
Joined: Dec 2010
Posts: 307
boaz, al
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robgillaspie Offline
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boaz, al
Well good luck to you Bucky. Not sure what is going on down there. But stand in there and defend yourself. Hell they can't do anything more to you anyway.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119390
04/15/11 09:41 PM
04/15/11 09:41 PM
Joined: Feb 2011
Posts: 32
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Patriot Offline
spike
Patriot  Offline
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Hello folks,
Been busy, found out my neice has Type 1 diabetes. Sometimes life just aint fair. She is a doll and needs any prayers from those that are willing.
Been helping my bride and doing honey doos.
Read some disparaging remarks- Displaced Texan- You can always trot yourself back to Texas. We have plenty of female coyotes here.
I read the evidence just as you all have. To the people confused about law--- only a judge can dismiss a case. a DA or an Asst DA makes a recommendation and the judge decides.
Bucky was standing on a R/R, with a loaded rifle and was arrested for hunting from a R/R. He was not charged with hunting from or on a mgmt area once he clambered onto the R/R track. As he walked along the R/R track (his admission) he was trespassing on privately owned R/R property. He was not charged, as he could have been with trespassing. He was charged with 9-11-257.
Did Bucky fail to mention that his rifle was loaded with one in the chamber?
The only people that disagree with 9-11-257 are attorneys trying to win a case or people that do not know how to hunt.
Gee whiz did Bucky fail to mention that there were two LEO's present? Come on, these guys do not even get a pat on the back for catching someone cheating. The whole purpose in writing this jerk a ticket is to attempt to ensure fair chase for all hunters and to enforce a law that they did not write.
By Bucky's own admission , he was on a R/R track in Perdido River WMA and I task anyone to look at the northern section of the R/R in Perdido WMA and tell me what road Bucky could have legally been parked to support his theory of being 100 yds from leaving the WMA Mgmt area. If you consider Bucky's location when contacted by the LEO's on the R/R and the fact that Bucky still had to travel to the sign in shed to retrieve his hunting license (required to hunt prior to hunting on the Perdido MGmt. area) one could assume with great certainty that Bucky was hunting.
Bucky got caught. He is too chicken s*** to stand up and take it. I am disgusted and appalled that a fellow veteran would attempt to or allow the invocation of the venerable and inalienable right to keep and bear arms, in this instance.
It is my opinion that Bucky is lieing and tossing unfair blame on LEO's out of convenience for himself.
cucullus non facit monachum
To 49er- You are showing your colors
da locum melioribus

Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #119425
04/16/11 06:07 AM
04/16/11 06:07 AM
Joined: Dec 2006
Posts: 17,182
Madison
BowtechDan Offline
Old Mossy Horns
BowtechDan  Offline
Old Mossy Horns
Joined: Dec 2006
Posts: 17,182
Madison


Nathan Carl Goff 19 Sept 2016 - 14 Jan 2017.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119431
04/16/11 06:36 AM
04/16/11 06:36 AM
Joined: Jan 2011
Posts: 595
walker co
hopeful74 Offline
4 point
hopeful74  Offline
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Posts: 595
walker co
Patriot,

For those of us who only speak American English and are not lawyers, what does those Latin-y legalese quotes mean?


PS, sorry to hear about your neice...and the honeydo's (I hate those things)

Last edited by hopeful74; 04/16/11 06:40 AM.

I don't know nuthin', I just work here...

Ugh... Care bears...
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119439
04/16/11 06:56 AM
04/16/11 06:56 AM
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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Bucky205 Offline OP
4 point
Bucky205  Offline OP
4 point
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Joined: Feb 2011
Posts: 595
St. Clair, Alabama
Patriot,

Sorry to hear about your niece.

I was in fact on a railroad track, there were rounds in the magazine, nothing chambered, scope covers on, rifle on a sling across my shoulder, and the rifle was never touched. I was exactly 147.5 yards from the end of the management area transiting back to my vehicle. You know where I was stopped as I do.
It amazes me that Chris allows hunters to set up their stands in the middle of the management area roads with rifles aimed out the window at vehicles transiting those roads. Then he wants to preach safety to someone transiting back to their vehicle down a railroad track. I have a photo out my vehicle front window with a rifle aimed straight at me, get a clue.
DCNR has a tough job, but you guys are starting to throw wide loops in your issuing of citations.
Title 9 of the code of Alabama was legislatd for specefic reasons to aid in conservation. When LEO's start loosely applying that code for whatever reason then I have an issue as do others.
As far as having the gumption to stand up and face the music. I am fighting somthing I dissagree with on a very limited income. You will notice I post my real name and leave no question as to who I am.


"There are no easy days, not even yesterday"
Re: Charged with 9-11-257 on Perdido River WMA [Re: hopeful74] #119445
04/16/11 07:09 AM
04/16/11 07:09 AM
Joined: Dec 2006
Posts: 17,182
Madison
BowtechDan Offline
Old Mossy Horns
BowtechDan  Offline
Old Mossy Horns
Joined: Dec 2006
Posts: 17,182
Madison
Originally Posted By: hopeful74
Patriot,

For those of us who only speak American English and are not lawyers, what does those Latin-y legalese quotes mean?


PS, sorry to hear about your neice...and the honeydo's (I hate those things)


Just google it. It's easy to speak a foreign language on a message board with google.


Nathan Carl Goff 19 Sept 2016 - 14 Jan 2017.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119482
04/16/11 09:12 AM
04/16/11 09:12 AM
Joined: Feb 2011
Posts: 32
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Patriot Offline
spike
Patriot  Offline
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P
Joined: Feb 2011
Posts: 32
These phrases are not legalese they are just applicable. I am not a great thinker like 49er but I am interested in Latin an in a couple of the Amer. Indian languages. I toss out theses phrases because it seems that every other cyber person on this forum loves to show their favorite saying or quotation and that is okay. When someone uses a quotation at the end of their argument it is as if the writer is saying, " I am correct and I think Thomas Jefferson is smart and here is a quotation to prove it." Anyway I took this a step further by borrowing phrases and making some up just trying to be humorous. Pretty much every written quotation from the past 200-300 years is a revamp of a Latin phrase.
This world is not that big. Every time you take a step in the woods in Alabama, chances are pretty good that you are not the first human to step there and the same applies to thinking and speaking.
cucullus non facit monachum- (the cowl does not make the monk)
a wounded veteran does not automatically make an honest truthful person
da locum melioribus - (give place to your betters) he aint the lead dog.
Bucky I do not think Chris or the other GWs allow people to hunt in the road. If you saw someone hunting in a blind in a road why did you not tell someone then. That is like bitching at a fireman for letting a house burn when he didnt get a call about it.
If someone points a rifle at me I'll be pointing back and I will dang sure be letting a GW or a sheriffs dep. know about it then and not weeks later on a web forum.
What do you mean you guys? I was not there but that wide loop sounds pretty narrow and tight to me. There is no gray area between those steel rails.
The GWs are not interpreting anything they are enforcing a specific law.
What possible difference could it make who I am? Will my skin color or gender make me any less correct?

Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #119489
04/16/11 10:01 AM
04/16/11 10:01 AM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
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Posts: 10,997
Warrior River Country
Patriot,

Quote:
To 49er- You are showing your colors
da locum melioribus


I bow to no man. We have no king in our Republic. My colors are known as "Old Glory".

Why don't you become a real patriot and honor your oath to defend our constitution:

Quote:
I, (whoever you are that hides behind the name of "Patriot"), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; ... So help me God.




Re: Charged with 9-11-257 on Perdido River WMA [Re: hopeful74] #119499
04/16/11 10:41 AM
04/16/11 10:41 AM
Joined: Dec 2009
Posts: 7,768
Falkville
MTeague Offline
14 point
MTeague  Offline
14 point
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Posts: 7,768
Falkville
Originally Posted By: hopeful74
Patriot,

For those of us who only speak American English and are not lawyers, what does those Latin-y legalese quotes mean?


PS, sorry to hear about your neice...and the honeydo's (I hate those things)




Latin and Greek phrases

Definition of: da locum melioribus

da locum melioribus: Give place to your betters.


I had much rather be tried by twelve than carried to my grave by six!!!!

Re: Charged with 9-11-257 on Perdido River WMA [Re: MTeague] #119500
04/16/11 10:52 AM
04/16/11 10:52 AM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
Not very fitting advice coming from someone who calls himself a "patriot" is it?


I like this better:

Declaration of IndependenceJuly 4, 1776

Quote:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,...

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119522
04/16/11 12:36 PM
04/16/11 12:36 PM
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Patriot Offline
spike
Patriot  Offline
spike
P
Joined: Feb 2011
Posts: 32
49er,
I have not given advice to anyone.I have never questioned anyones patriotism or suggested that anyone bow to someone else.
Apparently, if someone disagrees with you or pokes fun at you they are less intelligent or less than patriotic.
This was an issue of an individual not telling the truth. Bucky was hunting. He was standing on private property owned by the R/R when he was hunting.

The Constitution does not give a 1st Amendment actor the right to invade an unwilling listeners property for purposes of expressing his views. If anyone has a Constitutional right to be on a privately owned R/R track with a loaded gun as you tout, then that same person can show up on my property, your property or anybody elses property with a loaded gun.
Anybody that shows up on my property with a loaded gun, spouting crap that it is his or her Constitutional right to be here is going to get a quick lesson in my interpretation of the Constitution.
You crossed the line when you questioned my patriotism.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119530
04/16/11 01:02 PM
04/16/11 01:02 PM
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
B
Bucky205 Offline OP
4 point
Bucky205  Offline OP
4 point
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Joined: Feb 2011
Posts: 595
St. Clair, Alabama
The LEO's know about that people are hunting from the road, Chris and I have talked about it. He saw the gentleman with his rifle aimed down the road where people were traveling the same day I did. He hates it, but the way the law is written since it is an unimproved road it is allowed. 9-11-257 was legislated to prevent people from shooting deer on private property from a public right of way. The statute has been clearly defined by several judges and attorney general's. By Alabama law you are allowed to walk down a public road or railroad to the area you hunt. The problems arise if you hunt from a public road or railroad.

If a man is walking down a pier with a fishing pole is he fishing? If you are waiting on a ride are you loitering? If you assaut someone breaking into your house do you need to be prosecuted? The list goes on and on. If you start down that slippery slope law provided by both the U.S. and Alabama constitutions rapidly fail.


"There are no easy days, not even yesterday"
Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #119595
04/16/11 04:42 PM
04/16/11 04:42 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
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Warrior River Country
Quote:
49er,
I have not given advice to anyone.I have never questioned anyones patriotism or suggested that anyone bow to someone else.
Apparently, if someone disagrees with you or pokes fun at you they are less intelligent or less than patriotic.


Say what you want to say in plain language instead of in riddles and a foreign language. If I did not interpret your words correctly, then I have no idea what you meant to say to me.

Quote:
This was an issue of an individual not telling the truth.


He and I both contend that you are the one who is not telling the truth. Bucky said he was not hunting. I believe he is the one telling the truth and not you.

Quote:
If anyone has a Constitutional right to be on a privately owned R/R track with a loaded gun as you tout, then that same person can show up on my property, your property or anybody elses property with a loaded gun.


That is correct. They can. American citizens do have a right to bear arms for defense. If you do not post your property, fence it in or give personal notice not to trespass, then that statement is generally accurate according to our constitutions and state law.

That old statement that used to appear in DCNR publications stating that "all land is posted by law" was incorrect and no longer appears in those publications. You need to read what the law actually says. Bucky was not charged with criminal trespassing for good reasons... he was not commiting the crime of trespassing after being warned not to enter or remain on the property.

Quote:
You crossed the line when you questioned my patriotism.


You crossed that line yourself when you defended an officer's mistaken interpretation of the law instead of defending the constitutional right to bear arms. Sorry you were offended by me pointing it out to you, but the truth is the truth and you needed to hear it.

My name is Eddie Maxwell. Perhaps you would like to introduce yourself with your real name.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119619
04/16/11 05:45 PM
04/16/11 05:45 PM
Joined: Dec 2010
Posts: 307
boaz, al
R
robgillaspie Offline
4 point
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boaz, al
everyone knows who this is. all you have to do is look at what he has posted on. He has a hard on for Bucky. OH Well, he will be ok. Bucky gets this in front of a jury and he will be found NOT GUILTY. A LEO cannot read minds. He does not know what Bucky was doing. Hell he may have stopped to take a piss. I think this is a bigger bullshit ticket than the one I got.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119630
04/16/11 06:15 PM
04/16/11 06:15 PM
Joined: Dec 2010
Posts: 307
boaz, al
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robgillaspie Offline
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boaz, al
You know what Bucky. these basterds have convinced me. YOU ARE A OUTLAW. SUM BAG. And who cares if you are 60% disabled while in the US MILITARY. Hell you been a outlaw your whole life. You have been a bum your whole life. Never made a honest statement in your life. Your record shows that. You been in so much trouble. Hell the reason you got this ticket is because HELL everyone can tell this just by looking at you. THEY SHOULD HAVE HELD YOU DOWN AND HANDCUFFED YOUR SORRY ASS. DRUG YOU TO JAIL. I AM SO SURE YOU DESERVED IT.


as a patriot and a veteran I am sorry for what you are having to go thru. And people wonder why we don't want more government. Bucky have a great night, and please contact me if I can do anything for you.

Re: Charged with 9-11-257 on Perdido River WMA [Re: robgillaspie] #119634
04/16/11 06:30 PM
04/16/11 06:30 PM
Joined: Oct 2005
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Warrior River Country
49er Offline
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Let's keep things in the proper perspective here.

The officers who are writing these tickets are the same ones who took a solemn oath to defend the US and Alabama Constitutions and to discharge their duties faithfully.

These are the same officers that are agreeing not to prosecute people after they give them permission to hunt game animals at night, hunt with the aid of bait, and to trap game animals. All of those are violations of the law just as hunting from a railroad is a violation of the law when it actually occurs. Their complicity is a violation of the law.

These same officers take another oath to tell the whole truth when they testify against you in court. If they can't keep one solemn oath, why should we assume they will keep another one.

Re: Charged with 9-11-257 on Perdido River WMA [Re: 49er] #119636
04/16/11 06:37 PM
04/16/11 06:37 PM
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Patriot Offline
spike
Patriot  Offline
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Let me be plain and clear.
I was not there and I based my opinion on evidence that I heard. My opinion is that Bucky is not telling the truth. To say that I am not telling the truth is stupid.
I never said that he was cited for trespassing. I simply stated that he was trespassing by his own admission.
The criteria you stated about posted land applies to unimproved and apparently unused land (13A-7-1). The MGMT area is well marked where Bucky was hunting and I do not believe that the R/R allows anyone to hunt from the tracks.
This brings us back to 9-11-257 specifically the words ...(who hunts or discharges), if it said hunts and discharges then I might have a different opinion.

Re: Charged with 9-11-257 on Perdido River WMA [Re: Bucky205] #119639
04/16/11 06:45 PM
04/16/11 06:45 PM
Joined: Dec 2010
Posts: 307
boaz, al
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robgillaspie Offline
4 point
robgillaspie  Offline
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boaz, al
Patriot, you and Bhamfred make the same arguement. I don't want to come off as being stupid, but please. Do you not think that it is a stretch for the LEO to make the assumption that he was hunting just because he was stopped while he was walking back. Does he or does he not have a right to have a loaded weapon. Just because his weapon was loaded, that does not mean he was hunting. No matter how hard I try, I just can't see how there is not reasonable doubt.

Oh and to say that Bucky is not telling the truth is stupid. If you say you were not there. Then really how do you know what happened. I am sure that you think alot of the officer who wrote the ticket. But since you don't know bucky, how can you make the assumption that he is lying. Hell he might be the most honorable man in alabama, YOU DON'T KNOW.

Last edited by robgillaspie; 04/16/11 06:52 PM.
Re: Charged with 9-11-257 on Perdido River WMA [Re: Patriot] #119645
04/16/11 06:54 PM
04/16/11 06:54 PM
Joined: Jan 2005
Posts: 24,359
Clarksville, TN /Greenville, ...
bill Offline
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bill  Offline
Freak of Nature
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Clarksville, TN /Greenville, ...
Originally Posted By: Patriot
My opinion is that Bucky is not telling the truth. To say that I am not telling the truth is stupid.

Lmao


" I do view Jim Waltz as a really good Presidential candidate"
Bama_Earl
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