Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 10/28/2015 10:47:34 AM EDT
Have a friend who was hunting property that joined his subdivision without permission. The land belongs to some developers out of CA.
My buddy didnt kill anything and was pulling back into his driveway and when he got out of his truck the Game Warden pulled in behind him. The GW asked him if he'd been hunting which my buddy replied yes. GW then asked where at which my buddy replied on the land that joins the subdivision and that he's been hunting it for 25 yyeas. The GW asked him if he had written permission to hunt there which my buddy didn't. The GW then gave my buddy a ticket and confiscated his rifle and told him that he could get his rifle back when he paid the fine. Is it legal for the GW to confiscate your gun until u pay the fine? When u get pulled over for a traffic violation they dont confiscate your car.
Link Posted: 10/28/2015 12:00:24 PM EDT
[#1]

Answer should be clearly stated in game laws which are probably posted on State web site.

In MN if you are hunting on field while crop is being taken out they can take firearm, vehicles, farm machinery, wagons and only return them after you give winning bid at auction.
Also they have serious penalties if you are hunting too near building or pastured animals. You must have written permission on you at the time and it doesn't matter if owner gave you permission. On the other hand if the land isn't posted to minimum standards you can hunt on it as long as it isn't too close to buildings or pastured animals. Good luck to buddy on getting written permission.
Link Posted: 10/28/2015 12:07:03 PM EDT
[#2]
Under Texas Law yes,

IMO most of TX/GW authority on Texas Law is Federally unconstitutional and would be overturned if properly appealed through Federal system.
Link Posted: 10/28/2015 12:14:57 PM EDT
[#3]
The 5th amendment would like a word.
Link Posted: 10/28/2015 12:22:23 PM EDT
[#4]
Most wildlife agencies do.  The way most states game laws are written the can seize anything used to aid in the commision of the crive.   Riding an atv?  It's theirs.  The truck and trailer that hauled the atv there?  Yep gone.  The tent next to it and everything in it?  Bye Bye.

Most don't take it to an extreme, but if you want to get in a pissing contest on the side of the road they can, and odds are they will win and it will get crazy expensive.  

Whether or not it gets auctioned off or returned usually has more to do with what you got charged with than your attitude though.
Link Posted: 10/28/2015 5:34:32 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Answer should be clearly stated in game laws which are probably posted on State web site.

In MN if you are hunting on field while crop is being taken out they can take firearm, vehicles, farm machinery, wagons and only return them after you give winning bid at auction.
View Quote

Can I get a MN statute or DNR reg. citation on this one?
I didn't see it in the 2015 regs.

Obviously there's the prohibition on taking game from a moving vehicle, but I read your statement as saying a hunter standing at the end of a field where the crop is being harvested would have his gun taken.

Link Posted: 10/28/2015 5:40:13 PM EDT
[#6]
Shoulda just said he was on an open carry hike
Link Posted: 10/29/2015 12:46:22 PM EDT
[#7]
Your buddy got popped for poaching.  He should be glad that only his rifle was confiscated and he got a ticket.  Other states take the gun and the vehicle, and it's a felony charge.
Link Posted: 10/29/2015 12:51:34 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Most wildlife agencies do.  The way most states game laws are written the can seize anything used to aid in the commision of the crive.   Riding an atv?  It's theirs.  The truck and trailer that hauled the atv there?  Yep gone.  The tent next to it and everything in it?  Bye Bye.

Most don't take it to an extreme, but if you want to get in a pissing contest on the side of the road they can, and odds are they will win and it will get crazy expensive.  

Whether or not it gets auctioned off or returned usually has more to do with what you got charged with than your attitude though.
View Quote


Game laws can be pretty nasty and tend to be "Guilty unless proven innocent, and good luck proving your innocence."

I once got a hefty fine because Wal-Mart printed me an invalid deer tag . The game warden even told me he could confiscate my truck, my rifle, and my buddy's rifle, though he decided not to. I've also heard of people getting in trouble for having a .22 in their truck, even though they weren't using it to hunt, because .22LR is not legal for deer here. "How do I know you weren't out hunting all morning with the .22 and just now put it away?"
Link Posted: 10/30/2015 1:03:44 PM EDT
[#9]
Im sure my buddy was very happy that the GW didnt take anything else away from him. Just seems wrong for the GW to confiscate your gun until u pay the fine. If my buddy chose not to pay the fine I dont think the GW would just keep the rifle and call it even. They would issue a warrant for his arrest. My buddy trespassing is wrong and he knows better but why not just write him a ticket or take him to jail. If he was speeding on the way to his deer lease would the police confiscate his truck or gun until he paid that fine? Probably not. I just think these GW's are going to far and no one is fighting back. If u went duck hunting and forgot to insall the plug in your shotgun you should expect to get a ticket if u get checked by the GW but you shouldnt have your gun, boat, and or your truck confiscated.
Link Posted: 12/2/2015 1:53:16 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Im sure my buddy was very happy that the GW didnt take anything else away from him. Just seems wrong for the GW to confiscate your gun until u pay the fine. If my buddy chose not to pay the fine I dont think the GW would just keep the rifle and call it even. They would issue a warrant for his arrest. My buddy trespassing is wrong and he knows better but why not just write him a ticket or take him to jail. If he was speeding on the way to his deer lease would the police confiscate his truck or gun until he paid that fine? Probably not. I just think these GW's are going to far and no one is fighting back. If u went duck hunting and forgot to insall the plug in your shotgun you should expect to get a ticket if u get checked by the GW but you shouldnt have your gun, boat, and or your truck confiscated.
View Quote

The gun is evidence in the commission of a crime. They have every right to confiscate and hold evidence until the case is decided. Admitting guilt and paying the fine is the fast way to decide the case and get the evidence returned. Going through court is the slow way...

Unfurtunately, if your friend didn't have permission to hunt the property I have no sympathy for him. He is a scumbag trespasser and he's lucky he's gotten away with if for so long. Trespassers are the low of the low in the hunting world and they are the reason that most people will no longer allow hunting on their property.
Link Posted: 12/6/2015 10:25:41 PM EDT
[#11]
Your buddy was trespassing and poaching.... I hope your buddy's gun is stored in a puddle of salt water until he pays his fine.

Stupid games...
Link Posted: 12/25/2015 10:55:40 PM EDT
[#12]
Here in VA they can outright confiscate it.

Guns, trucks, anything you use in the commission of a game crime is subject to forfeit.
Link Posted: 12/25/2015 11:10:00 PM EDT
[#13]
Your buddy got what he had coming. He shouldn't have been trespassing.
Link Posted: 1/19/2016 4:57:45 PM EDT
[#14]
Your buddy is lucky they are willing to give the gun back.
Texas provides for CONFISCATION of anything used to violate hunting/fishing laws
Link Posted: 1/20/2016 3:25:28 PM EDT
[#15]
It seems your question was answered. But to reiterate, yes it probably is legal. Most states dept. of wildlife, fish & game, hunting, etc. enforce laws that state they may confiscate any equipment used in the commission of the crime. A friend of mine told about when he saw some yuppie getting his brand new six figure fishing boat, trailer, and all of his gear taken by WDFW because he retained twice his catch limit of salmon. I recall that they left him his truck, but I don't see why that wouldn't be up for grabs in that situation. The long and the short of it is, in WA and most other states as I'm told, they view hunting and fishing as a privilege, like driving, so they can regulate it however they want.

Best of luck to your buddy, I hope he gets his firearm back and learns that trespassing with a firearm is a bad idea along with self incrimination.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top