Posted: 3/7/2003 10:47:27 AM EDT
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http://www.chron.com/cs/CDA/story.hts/outdoors/tompkins/1806527 Proposed bill would give game wardens more flexibility with inspections By SHANNON TOMPKINS Copyright 2003 Houston Chronicle FEW Texas outdoors myths are as widespread or persistent as those surrounding the authority of state game wardens. For decades, game wardens have depended greatly upon the myth to help them do their jobs. When a warden approaches an angler or hunter and asks to check an ice chest or inspect a firearm, the person acquiesces, believing the law requires it. But over the past few years, increasing numbers of people have learned Texas law does not require them to submit to random inspection of live wells or game bags or even their firearms. The 1975 Texas Water Safety Act specifically allows a warden to "stop and board any vessel ... and may inspect the boat to determine compliance with applicable provisions." The statute requires boaters have certain safety equipment (life jackets, fire extinguishers, etc.) and the operator hold a state-issued Certificate of Number for a Boat. Wardens also have authority, specifically given them in statute, to require hunters and anglers show their licenses, and special-use stamps. But the statutes are silent about warden's authority to check equipment used by hunters and recreational anglers. Also, Texas game wardens have no authority to conduct random searches of live wells, ice chests, vehicles game bags or require a hunter or angler allow the warden to inspect their equipment. Current Texas statute says: "A game warden ... may search a game bag, vehicle, vessel, or other receptacle if the game warden ... has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken." This means a warden who is walking along the jetties and sees a 12-inch speckled trout on a stringer next to an angler has a reasonable suspicion that fish is illegal. The minimum length for specks is 15 inches. The warden has authority to check the fish and angler. If that same angler has the 12-inch trout in an ice chest, and the warden didn't see the angler catch and box it or otherwise have that "reasonable, articulable suspicion" the angler had illegal fish, the warden has no authority to search that ice chest. The warden can ask the angler if he can check it, but the angler can refuse. Cook's bill would remove the probable-cause requirement, and allow wardens to inspect all licenses, tags, stamps, any device that might be used to take wildlife resources, any wildlife or fish in a person's possession and the contents of any "container or receptacle that could reasonably be used to store or conceal a wildlife resource." A similar bill is expected to be filed in the Texas Senate Most people feel (wardens) already have that authority," Cook said. "Law-abiding citizens won't see a difference," Stinebaugh said. |
Why worry if you don't have anything to hide?  So they want to inspect my GUN when I'm out hunting? What, are they afraid I'm hunting with a bazooka or something? Everytime I hear a quote like the above, I get a picture in my head: Ever see "Mars Attacks"? "Don't run. We are your friends!" say the martians as they(martians) start blowing shit up. |
They check your gun to see if it complies with currently established hunting restrictions. No rimfire if hunting for whitetails, no rifles to snipe at birds, ammunition capacity limitations in shotguns while hunting migratory waterfowl, etc. |