Originally Posted By: robgillaspie
MT, it is obivious to me that you are having as much fun with this forum as I am.

However your opinion does matter, as do all of ours.

Please explain how you would prosecute this case if you were the DA.

Please explain how you can determine BEYOND REASONABLE DOUBT that he was hunting.

I think you will find that if indeed he was hunting BEYOND REASONABLE DOUBT, then we are all hunting from the road if we have a loaded gun while driving home. Or we are hunting at night if we walk back to our truck with a loaded gun.

I agree it seems pretty simple. Unload your gun. You are not hunting. However he has the Consitutional Right to a loaded gun. IF A LOADED GUN CONSITUTES HUNTING, THEN IT SHOULD BE WRITTEN IN THE DEFINITION OF "HUNTING"

Make me believe your argument. And I will shut up. Yea I have a hard on for the GW's right now. I got a stupid ticket. But I really think that this ticket is pushing a major VIOLATION of our rights. YOU GIVE A INCH AND THEY TAKE A MILE.

anyway since we are having so much fun with this. Give it a try. OH AND PLEASE REMEMBER, WE ARE HAVING FUN WITH THIS. BUCKY IS NOT.


Why is a railroad right of way any different than a courthouse, a school, certain areas of airports, an airplane, and numerous other places that restrict a person's "right" to "bear arms in defense of himself and the state"? The preceding question has been asked in various forms in the 8 pages of this discussions and you guys have dodged it like you were in a presidential debate.

There are all kinds of court decisions affirming restrictions on constitutional rights. There is an awful lot of quoting of judicial rulings in the pages of this post, so you guys would appear to agree that courts are the arbitror of what is or is not constitutional.

And quoting 49ers's quote:

"PRIMA-FACIE, EVIDENCE, CASE
Latin for "at first view."

Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted."

In this case you have somebody participating in a scheduled WMA hunt, has a hunting license (or is exempt from the requirement), a WMA permit (do not know if there are exemptions for senior citizens/disabled veterans), a loaded firearm, the hunter orange required for hunters participating in a scheduled WMA hunt, ...

Seriously, if you were not bitter at the AL DCNR, would you really, honestly say a person exhibiting the characteristics above was not hunting except for the fact that he was on a RR right of way where hunting is not allowed? If he was 51 yards from the RR right of way would he have been hunting?


"Any way you look at it, most of the problems facing baboons can be expressed in two words: other baboons" -
D.L. Cheney and R.M. Seyfarth