Soundguy,
Its not really a strawman argument its just a statute that is a bit too open for my taste. The statute in NC and as I remember it in FLA, contain similar wording. The statute needs some verbage like "possess a light and fire arm as well as acting in a manner that a reasonable person would believe to be poaching." The statues use the term Prima Facie(sp?) which as I understand it, means an established fact/presumed fact. So in this case you have the firearm and a light therefore its on YOU the accused to prove you where not poaching.
I think very few city officers would now about these statutes and in a city environment its going to be tough getting a conviction. Sheriff deputies would have a higher chance of knowing these statutes and might make an arrest but I doubt it happens very often. As I said, the most likely LEO making this arrest will be a wildlife officer.
But the statue is on the books open to all LEOs.
So if I go for a walk on my land at night. Say to go lock the gate at the road. I grab a pistol and and a flashlight. On the walk down I find a WO sitting at the road and the end of my driveway. He sees me openly carrying my pistol. I have a flashlight in my left hand. On the way down I scared up a couple of deer. Should the officer arrest me for poaching? Would he? Could he?
He most certainly could which leaves the should and the would.
There are lots of laws on the books that could get one arrested. The "crimes against nature" laws that just recently was struck down as Unconstitutionable is a good example. We have an area in the woods on a lake that is a known place for gay men to hang out. Its a surprise to be in a canoe or kayak paddling along the shore and suddenly one sees naked men frolicking on the shore.
The old sheriff would not do anything about The Gathering. He said there was nothing he could do which was BS. He was also the same numb nut that sized tons of Mary Jane and instead of burning it he buried it at the dump. Gomer said, "Surprise Surprise Surprise" when the backhoe operator who buried the Mary Jane went back and dug it up. And to add insult to injury the bales being kept in a trailer as evidence at the Sheriff Office where stolen. Gomer said?
There is now a new Sheriff in town....
But the "crime against nature" statute would have allowed the old Sheriff to solve the problem of The Gathering. Heck just having deputies walk through the woods would have stopped it. But I would venture to guess that the statute, before the latest ruling, would make most people Class I felons in NC.
There are still laws on the books about people living togather without being married or sharing a "room for rent" aka a motel/hotel without being betrothed. Every once in awhile there are prosecutions and convictions.
Which brings me back to my origional point. Look up your local laws and act as you see fit.
But at least know the laws or try too.
Later,
Dan
