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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#87127
02/05/11 06:17 AM
02/05/11 06:17 AM
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Joined: Sep 2004
Posts: 36,954 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,954
alabama
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it was in Ga, he survived.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: jawbone]
#87156
02/05/11 07:34 AM
02/05/11 07:34 AM
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Joined: Oct 2008
Posts: 30,910 Clanton, AL
Out back
Grumpy Old Man
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Grumpy Old Man
Joined: Oct 2008
Posts: 30,910
Clanton, AL
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The point is they take this very serious (maybe too serious sometimes in my opinion), and will complain and send the RR police, (yes they have their own police), to make sure something is done. The ****ing Railroad Barons got themselves exempted from every law and 7 of the commandments, when they began expansion to the west, 200 years ago. Sumbitches still think they own the whole world.
My opinions and comments are my own. They do not reflect the position or political opinions of Aldeer or any of the Aldeer administration.
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: perchjerker]
#87990
02/06/11 06:48 PM
02/06/11 06:48 PM
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Joined: Feb 2011
Posts: 595 St. Clair, Alabama
Bucky205
OP
4 point
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OP
4 point
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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A Baldwin county deputy was killed last year while hunting on a railroad. He was actualy hit by a train.
"There are no easy days, not even yesterday"
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Out back]
#87995
02/06/11 06:52 PM
02/06/11 06:52 PM
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Joined: Feb 2011
Posts: 595 St. Clair, Alabama
Bucky205
OP
4 point
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OP
4 point
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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Where it really could become an issue is for those hunters who park just off public roads and walk into the woods.
"There are no easy days, not even yesterday"
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#88006
02/06/11 07:06 PM
02/06/11 07:06 PM
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Joined: Feb 2011
Posts: 595 St. Clair, Alabama
Bucky205
OP
4 point
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OP
4 point
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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The worst part to me outside losing a month of a disabled vets salary is the judge taking my hunting privileges for a year. That is supposed to be for a second offense. I truly believe because I disagreed with the LEO's definition of the law and contested it in court I was punished. I have no respect for either of the two biologist assigned to south Alabama or the Baldwin county court system. They have no clue as to justice only to process and procedures. I wont get to hunt for 1 year and I am out $1200 for an offense that the Alabama AG says I am innocent, but I will spend the rest of my life remembering how there is no justice in Baldwin county. I truly understand why so many people have so little respect for our judicial system, Especially minorities, they do not stand a chance in court without a high dollar attorney.
"There are no easy days, not even yesterday"
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: BrentM]
#88173
02/07/11 06:20 AM
02/07/11 06:20 AM
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Joined: Sep 2008
Posts: 622 Oz
huntnfish2
4 point
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4 point
Joined: Sep 2008
Posts: 622
Oz
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so according to the law, a guy could legally walk up and down or around the tracks with a .22 or .17 or any rimfire rifle and shoot squirrels, but not with a .410 shotgun?
I guess everybody should take time to read the rulebooks, because I've killed more than a couple of turkeys over the years around railroad tracks.....Railroad tracks are turkey magnets in a swamp. That would probably help yes.
You can lead a man to knowledge, but you can't make him think.
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#88181
02/07/11 06:47 AM
02/07/11 06:47 AM
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Joined: Nov 2004
Posts: 12,788 Thomasville, AL
Hogwild
Booner
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Booner
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
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While it may or not be the true definition of hunting, it is widely accepted in Court that if your gun is loaded; you are hunting. I don't think that you will ever beat that charge from the description of your activities, no matter your good intentions. But, I would think that unless there is more to the story than what has been discussed, you should be able to appeal your loss of hunting privileges. But, heck.....Troy has to keep me straight all the time. So, I very well could be confused on this, too!
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#88317
02/07/11 09:25 AM
02/07/11 09:25 AM
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Joined: Sep 2009
Posts: 6,706 somewhere around 112.
slippinlipjr
I make Calds fer a livin
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I make Calds fer a livin
Joined: Sep 2009
Posts: 6,706
somewhere around 112.
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I know someone who was on a jury in BC last week. The jurors they picked were all ones who were friends of LEOs, and/or had a good experience with a LEO. It was rigged from the beginning.
Ctrl+C, Ctrl+V, Ctrl+Z
thesharkguard.com
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Jack Fate]
#88373
02/07/11 10:31 AM
02/07/11 10:31 AM
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Joined: Aug 2010
Posts: 1,982 Molino, FL
auburn17
8 point
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8 point
Joined: Aug 2010
Posts: 1,982
Molino, FL
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Reckon he had on orange when he was telling them how unsafe it is not to wear orange where there are people with LOADED (God forbid) firearms?? Good question! To answer the question, no he did not have orange on. Then again I personally have never seen a warden with orange on. We were not swimming, I was letting our labs swim on the FLORIDA side, this was an AL warden. If someone would have been hunting there, they would have been in violation of hunting from a public road. The Fl side that I accessed the river from is private property that I have access to.
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#88439
02/07/11 11:46 AM
02/07/11 11:46 AM
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Joined: Sep 2004
Posts: 36,954 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,954
alabama
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The "A" answer was to tell him to pound sand...... troy
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: BhamFred]
#88454
02/07/11 12:02 PM
02/07/11 12:02 PM
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Joined: Aug 2010
Posts: 1,982 Molino, FL
auburn17
8 point
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8 point
Joined: Aug 2010
Posts: 1,982
Molino, FL
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The "A" answer was to tell him to pound sand...... troy That's what I felt like saying, but didn't want to be disrespectful to him especially having my nephew with me.
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: jawbone]
#88456
02/07/11 12:07 PM
02/07/11 12:07 PM
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Joined: Sep 2003
Posts: 8,622 Blount County
BamaBart
Panty Wearin' Hunter
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Panty Wearin' Hunter
Joined: Sep 2003
Posts: 8,622
Blount County
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For what it is worth, the railroads do not like anyone shooting or throwing anything near the rails. they actually don't even like people being on the tracks. We've had to respond to many calls of kids with BB guns near the tracks and kids throwing rocks at the sides of trains. The RR police have actually wanted to charge kids with a felony for throwing rocks on one occaision. The point is they take this very serious (maybe too serious sometimes in my opinion), and will complain and send the RR police, (yes they have their own police), to make sure something is done.
Perhaps this is a case of the warden having to respond to numerous complaints from the RR about people "hunting" from their tracks. The warden is then almost put in a position of showing that they did something to alleviate the complaints. I've been there and done that before about the kids throwing rocks at the side of the train.
you learn real quick where and when to close the windows on a locomotive. North B'ham was the worst for kids throwing rocks at us.
. .
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: 39cohunter]
#88732
02/07/11 04:55 PM
02/07/11 04:55 PM
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Joined: Feb 2011
Posts: 595 St. Clair, Alabama
Bucky205
OP
4 point
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OP
4 point
Joined: Feb 2011
Posts: 595
St. Clair, Alabama
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There is so much gray area in the interpertation of this law law. In such lies the problem. The LEO plainly stated I would have been guilty even with a bow and arrow. I am in the process of trying to scrape together enough money for an appeal. I want to request a jury trial. Baldwin county has a bad reputation for policing for profit. I feel wronged and will continue to fight this conviction as long as I can find a way. Thank you guys for your input. I will let everyone know how the appeal goes. I urge everyone to write your represenatives to request clarity be provided for our hunting laws. The next citation may be yours.
"There are no easy days, not even yesterday"
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#88937
02/07/11 08:43 PM
02/07/11 08:43 PM
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Joined: Sep 2008
Posts: 622 Oz
huntnfish2
4 point
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4 point
Joined: Sep 2008
Posts: 622
Oz
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Section 9-11-257 Hunting or discharge of firearm from, upon, or across public roads, etc. Any person, except a duly authorized law enforcement officer acting in the line of duty or person otherwise authorized by law, who hunts or discharges any firearm from, upon, or across any public road, public highway, or railroad, or the rights-of-way of any public road, public highway, or railroad, or any person, except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer's standard designated number four shot, or a muzzleloading rifle .40 caliber or larger in this state, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and shall have all hunting license privileges revoked for one year from the date of conviction. DEFINITION OF HUNTING Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild fowl, wild birds, and all lesser acts, such as disturbing,harrying or worrying, or placing, setting, drawing, or using any device used to take wild animals, wild fowl, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals, wild fowl, or wild birds. Pg. 14 of the Regulation Book. Regulation Book Not taking sides either way on this, just providing information.
You can lead a man to knowledge, but you can't make him think.
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: huntnfish2]
#88953
02/07/11 08:55 PM
02/07/11 08:55 PM
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Joined: May 2009
Posts: 678 Florence, AL
Jack Fate
4 point
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4 point
Joined: May 2009
Posts: 678
Florence, AL
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DEFINITION OF HUNTING Hunting includes pursuing, shooting, killing, capturing and trapping wild animals, wild fowl, wild birds, and all lesser acts, such as disturbing,harrying or worrying, or placing, setting, drawing, or using any device used to take wild animals, wild fowl, wild birds, whether they result in taking or not, and includes every act of assistance to any person in taking or attempting to take wild animals, wild fowl, or wild birds.
Nothing in this definition of hunting includes walking with a loaded gun.
I Have Stood Next To Death, and People Liked Him Better
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#89095
02/08/11 06:39 AM
02/08/11 06:39 AM
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Joined: Jan 2004
Posts: 4,191 Florence, Al
AlabamaSwamper
10 point
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10 point
Joined: Jan 2004
Posts: 4,191
Florence, Al
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I feel your pain.
I was treated like a felon at Lauderdale WMA about 12 years ago. The well respected (that was a joke) GW and his woman sidekick completely tore our truck apart and then told us to hurry and put it back together. She threw truck paperwork on the ground for goodness sake.
I told Mr. Wallace and her where to go, called her every name in the book and him too! Begged them to write me a ticket for something bogus.
I was ready to go rounds with both of them.
Last time I set foot on Lauderdale WMA.
Then again, poachers should know poachers better than that.
Now, Freedom Hills is totally different. Never had a bad experience and Mitchell Marks has always been as courteous and nice as you could expect. No doubt he would write you up if you deserved it but he seems to have plenty of common sense.
BTR Scorer in NW Alabama
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Re: Charged with 9-11-257 on Perdido River WMA
[Re: Bucky205]
#89197
02/08/11 10:24 AM
02/08/11 10:24 AM
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Joined: Feb 2011
Posts: 32
Patriot
spike
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spike
Joined: Feb 2011
Posts: 32
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To Bucky, First of all I am a 55 yo veteran of the USN. My father and my grandfather are veterans. Several of my uncles,cousins and three of my brothers by marriage are veterans. Being a veteran has nothing to do with your complaint. I have two older brothers that are not veterans and they do not hunt, but they and everyone of my family members, relatives and friends know that when hunting - before you step onto a public right of way or railroad, unload your gun...or you could be charged with a violation of law. It isnt hard to unload and reload your firearm. It only takes a matter of seconds to complete the cycle for most firearms. If it is hard for you unload and reoad your firearm then maybe you could take up swimming or some other sport that does not involve moving parts, like balls you could lose i.e. golf,tennis. Second you cannot step off the railroad bed on Perdido River Mgmt. area and be within 100 yds of exiting the Mgmt area, (unless you cross the river into Florida). Once an individual treks back to his vehicle from the railroad bed on that Mgmt. area they would still have to drive at least a quarter of a mile to leave the area, (unless you drive into Florida- this is a moot point because all hunters have to check in and out of the mgmt area at the check station for safety reasons.) Third, I know the two officers that contacted you the day you were standing in the R/R bed. They are as honest and conscientious as the day is long. What is really sad is that a ticket would not have been written for 9-11-257 if your gun had not been loaded. Fourth, maybe everyone else in court that day plead guilty except for you. Fifth, if someone blatantly coomits a violation, when the rules are spelled out in black and white ( FREE readily available handout Hunting and Fishing Regs and Info. 2010-2011 page 20 left hand column at the top paragraph titled 50 Yard Restriction), then yes you can be charged. Lastly, what young people are you referring to ? All of them? There are many young people today that respect the law and its representatives. Young people that have guidance and violate are usually taught to violate by example. Young people that have no guidance and violate are a product of our society. As far as all young people not having respect for the law is just an insult and you do not know what you are talking about...again. The example I see you setting is one of deceit, misdirection and blame for everyone but yourself for your own mistake.
The Patriot
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