Busted by the game warden I was....

[EddieWalker]

</font><font color="blue" class="small">( . . . it is illegal to have a loaded gun while driving a motor vehicle of any type on private or public land . . . )</font>

Are you sure about this? I think that I would read the actual wording of this one before I agreed to pay anything. Since you've already paid the fine, I'd consider going to the library and reading the actual law.

More than one officer has enforced his view of a law that wasn't one hundred percent accurate.

It just seems wrong that any vehicle on private land with a loaded weapon shold be against the law.

Did they specify what "loaded" was?

Sometimes it's just haveing ammo in the magazine, othertimes it has to have around in the chamber. On public highways, it's just having the ammo stored in the same comtainer as the weapon. If your ammo is in it's factory bought box, but in the same case as your weapon, that is considered loaded.

If you want to lose a fight and get into allot of trouble, just try to throw a game warden off your land. You don't have a chance on that one. The wildlife is federally protected and even though you own the dirt and trees, you don't own the deer. A game warden during the course of his duty can go just about anywhere. Even inside a home without a warrent. Never start a fight with somebody with allot more power than a local cop!!!!

Eddie

 

[hobbyfarm]

The laws can be interpreted in a variety of ways.

Not far off topic, but a friend got a DWI even though he was not driving. All he had was the key in the ignition and the radio was playing. The officer was there on an unrelated matter, and saw this, then proceeded to find out who owned the vehicle and check his lisence, insurance, and registration. The whole 9 yards. When he tried to fight it, the judge mentioned it was the intent to drive with the key in the ignition.
BTW, he lost, ended up with a suspended sentence, community service and $1200.00 fine.
So this means, I guess you better use a ghetto blaster to listen to music instead of the car.

 

[jinman]

</font><font color="blue" class="small">( I think that I would read the actual wording of this one before I agreed to pay anything. )</font>

I agree with that completely, Eddie. I believe a tractor does not meet the definition of "motor vehicle." That's why you don't have a title issued. At least I believe that's the law in Texas. It's no more a motor vehicle than a self-propelled lawn mower. Can you imagine what it would be like if we all had to comply with every "motor vehicle" law when operating our tractors? What's next? Is the game warden going to hand out a ticket because you don't wear a seat belt?

I also think carrying a loaded gun on a tractor on your own property does not imply hunting and would make me out of the game warden's jurisdiction. I think I'd have to consult a lawyer on that issue. /forums/images/graemlins/smirk.gif

 

[PineRidge]

Count me as one that would immediately head for the attorney' office. A tractor is not the same as an auto and shouldn't be bound by the same laws. If tractors were considered motor vehicles they would as Jim stated be titled and we would be required to license them.

 

[Sigarms]

This raises another question.

Get off work, grab a gun to do some target shooting out in my backyard (or say I throw it in the truck to go out where I have a "range" set up).

Does this mean that if its during hunitng season, I have to worry about a game warden coming up to me?

Although I'm not driving a "motor vehicle", I do have a loaded weapon on my person.

Does that mean that during hunting season I have to forsake my rights? (I'm pushing it here I realize, but trying to make a point).

If by chance a game warden came onto my property to tell me what I could or not do as far as target shooting, well, we'll leave it at that.

 

[DaNag]

</font><font color="blue" class="small">( A game warden during the course of his duty can go just about anywhere. Even inside a home without a warrent.)</font>

I've heard this before, but am chalking it up to urban myth. Every time I've asked for a cite, for any state, it's never been provided.

Additionally, there are tons of cites for game wardens obtaining warrants for searches of private residences, specifically for the action of investigating poaching. For CA in particular, there's a warden who routinely posts about F&G law at coastsidefishingclub.com. One such post includes the following:

"A warden can search everything "except the clothing actually worn by a person at the time of inspection". This search authority includes your boat, car, RV, tent, trailer, motor home or any other movable place where you may be temporarily residing. To search your permanent non-moveable residence requires consent or a search warrant."

Heck - in MN, Fish and Game can't even enter an ice shack now without permission or a warrant...the state supreme court afforded the same protections to the icehouse as a residence, even though it's situated on public waters.

 

[Dozernut]

Please don't kill the messenger /forums/images/graemlins/grin.gif!

This is Illinois law and may be different in your state! Don't drive your tractor or lawn mower on the road while drinking or you can be arrested for DUI.

(625 ILCS 5/1&#8209;146) (from Ch. 95 1/2, par. 1&#8209;146)
Sec. 1&#8209;146. Motor vehicle. Every vehicle which is self (#8209) propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this Act, motor vehicles are divided into two divisions:
First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.
Second Division: Those motor vehicles which are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division.
(Source: P.A. 85&#8209;1010.)

Conservation officers are empowered by law, state and federal, to enter private property. This includes your land and home, without a warrant, if they have reasonable grounds to believe that a game law has been violated and you are in possession of said illegally obtained plant or animal. This includes the mechanical means and methods laws (guns, snares and traps).

 

[Bird]

We'll just hope that everyone keeps in mind that the laws are different in different states, but, yes, in Texas the game wardens can legally do many things that other law enforcement officers cannot.

 

[DUMBDOG]

After a couple of internet searches on the powers of the game warden in the state of North Dakota, came up with a couple of interesting facts.

State of MN Supreme Court has ruled that a game warden cannot enter a fish house without a invitation or warrant.

North Dakota game wardens have the same powers as any other law officer. From this one could gather that unless the warden witnessed the violation that he could not go on private property just hunting for violations.

So in the case of tpost, if he was in ND, and the warden saw him put a gun on the tractor, does this give the warden enough cause to go on the property to check to see if the gun was loaded or not?

 

[DUMBDOG]

In a search of WV hunting law, found this in their hunting regulations.


Under the section "It is illegal to:


<font color="blue"> have a loaded firearm or a firearm with an attached
magazine from which all shells have not been removed
in or on any vehicle or conveyance or its attachments.
You can have a loaded clip or magazine in the vehicle
as long as it is not in or attached to the firearm. Exception
for concealed weapons permit holders (see page 5). </font>

Page 5 refers to carry info for pistols among other items.