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Foriegn power
02-02-2011, 11:41 PM
Hhhhhh

tpuig
02-03-2011, 2:19 AM
I think it's the fact that the firearm was loaded while he was operating a vehicle. The warden didn't seem to have a problem with the squirrels, but he did tell them that doves were not in season.

j.primo
02-03-2011, 2:24 AM
One of the pistols was a Hi Point 9mm :p

AJAX22
02-03-2011, 6:13 AM
It was a bit disconcerting that the 'poachers' with the .22lr colt woodsman were cited for carying a loaded weapon in the car even though the weapon was not chambered and the magazine was not in the firearm.


There is a lot of bad firearm law being spouted in that show..

tony270
02-03-2011, 6:43 AM
It was a bit disconcerting that the 'poachers' with the .22lr colt woodsman were cited for carying a loaded weapon in the car even though the weapon was not chambered and the magazine was not in the firearm.


There is a lot of bad firearm law being spouted in that show..

Over on the open carry forum someone got caught up by having a loaded magazine in a pocket while having a holstered unloaded firearm on their hip. The court case went to say that the magazine is an integral part of the firearm thus that situation constituted carrying a concealed firearm. The case has not been challenge yet, I recommend not carrying loaded magazines a pocket or concealing them in anyway while you are open carrying. And if you're in a vehicle don't carry a loaded magazine in the vehicle with a firearm, even if the magazine is in full view while going to and from hunting or fishing expedition.

If the firearms is in a locked container that does not normally carry a firearm, do as you fell but don't consent to searches.

Foriegn power
02-03-2011, 9:30 AM
I just wish this show would show atleast one or two good law abiding hunters and anglers. The general viewers are only getting more negative reinforcement on their ideals about hunters and anglers with this tv show.

Dr Rockso
02-03-2011, 9:44 AM
It was a bit disconcerting that the 'poachers' with the .22lr colt woodsman were cited for carying a loaded weapon in the car even though the weapon was not chambered and the magazine was not in the firearm.


There is a lot of bad firearm law being spouted in that show..

I was hanging out with one of the wardens on that show last weekend, and I asked him about an incident a while back where the show indicated the guy got arrested for (among other things) loaded mag in the glove box. According to him that was NatGeo's f-up, and the wardens are very clear on what constitutes a 12031 violation.

I didn't see the clip so I'm not sure what was said by the warden in that case, and the warden I know was not the one from that incident, but it seems plausible that the editor's could be at fault.

Over on the open carry forum someone got caught up by having a loaded magazine in a pocket while having a holstered unloaded firearm on their hip. The court case went to say that the magazine is an integral part of the firearm thus that situation constituted carrying a concealed firearm.
Wouldn't have mattered if he were carrying an empty mag in that case from a 12025 perspective. He was carrying a handgun (which is defined as concealable), of which part of it (the magazine) was concealed. That was the interpretation. If there is no handgun being carried outside the 12026.1 locked container exemption then there is no way to argue that a firearm is being "partially concealed" (i.e. if the handgun is locked up you can carry mags concealed as much as you'd like). Also that logic doesn't apply to long guns, since they are not defined as capable of being concealed.

Foriegn power
02-03-2011, 10:06 AM
If you're engaged in hunting or fishing you may carry a concealed firearm.

Trojans
02-03-2011, 10:22 AM
Also the warden was using his cell phone in the car contrary to the hands free law. Where's his ticket?

VaderSpade
02-03-2011, 10:58 AM
Also the warden was using his cell phone in the car contrary to the hands free law. Where's his ticket?

All cops are exempt for this (and most) laws. Iíve been on a few ridealongs and the cops were on the cell phone nonstop.

portegee
02-03-2011, 11:16 AM
If you're engaged in hunting or fishing you may carry a concealed firearm.

I believe the law also states going to or coming from hunting or fishing

Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.

DirtyDave
02-03-2011, 11:51 AM
The Bear hunters on the bike and quad, could have gotten a few more tickets than what the 1 guy got.
I believe the guy on 2 wheels got the ticket because he said he was quail hunting and only had pistols which are not legal methods of take. (shot gun, pellet gun, archery is legal for quail)
Could have been cited for carrying Loaded while in/on a vehicle and Riding with no helmet

DirtyDave
02-03-2011, 11:57 AM
Boyd bugs the sh1t out of me. I do not care for his methods AT ALL. Making the Bear tracks and draggin the piece of hide was absurd and accomplished nothing. Even if the dogs picked up his track and found him at the end of the trail, he would have nothing to go on because there would be NO BEAR TO POACH! He would be Harrassing/Interfering the hunter.
His "undercover" operation was a joke too. Pretending to quail hunt and puttin on the wig? Shooting the shotgun into the woods? Most NF's you cant discharge/shoot a gun unless you are in a designated shooting area or hunting.

tony270
02-03-2011, 1:23 PM
I believe the law also states going to or coming from hunting or fishing

Licensed hunters or fishermen while engaged in hunting or fishing, or while going
to or returning from such hunting or fishing expeditions.


While going to and from it has to be unloaded and while in the act it can be loaded, but some restrictions apply like in state parks, incorporated areas, national parks, etc.

tony270
02-03-2011, 1:28 PM
I was hanging out with one of the wardens on that show last weekend, and I asked him about an incident a while back where the show indicated the guy got arrested for (among other things) loaded mag in the glove box. According to him that was NatGeo's f-up, and the wardens are very clear on what constitutes a 12031 violation.

I didn't see the clip so I'm not sure what was said by the warden in that case, and the warden I know was not the one from that incident, but it seems plausible that the editor's could be at fault.


Wouldn't have mattered if he were carrying an empty mag in that case from a 12025 perspective. He was carrying a handgun (which is defined as concealable), of which part of it (the magazine) was concealed. That was the interpretation. If there is no handgun being carried outside the 12026.1 locked container exemption then there is no way to argue that a firearm is being "partially concealed" (i.e. if the handgun is locked up you can carry mags concealed as much as you'd like). Also that logic doesn't apply to long guns, since they are not defined as capable of being concealed.

Thanks for the correction, it is legal to have a unloaded long gun in the vehicle, with a loaded consealed magzine.


Thanks again.

SupportGeek
02-03-2011, 2:24 PM
I just wish this show would show atleast one or two good law abiding hunters and anglers. The general viewers are only getting more negative reinforcement on their ideals about hunters and anglers with this tv show.

They showed at least 3 instances last week, and a couple the week before that. Im actually noting more "trouble free" stops and checks as the series wears on.

winxp_man
02-03-2011, 3:13 PM
Boyd bugs the sh1t out of me. I do not care for his methods AT ALL. Making the Bear tracks and draggin the piece of hide was absurd and accomplished nothing. Even if the dogs picked up his track and found him at the end of the trail, he would have nothing to go on because there would be NO BEAR TO POACH! He would be Harrassing/Interfering the hunter.
His "undercover" operation was a joke too. Pretending to quail hunt and puttin on the wig? Shooting the shotgun into the woods? Most NF's you cant discharge/shoot a gun unless you are in a designated shooting area or hunting.


Also from what I can remember of the very first episode (If Im not wrong) he was kinda stating that he wants people to F' up so he can bust someone. Very Sad individual!!!!!!!

winxp_man
02-03-2011, 3:16 PM
I was hanging out with one of the wardens on that show last weekend, and I asked him about an incident a while back where the show indicated the guy got arrested for (among other things) loaded mag in the glove box. According to him that was NatGeo's f-up, and the wardens are very clear on what constitutes a 12031 violation.

I didn't see the clip so I'm not sure what was said by the warden in that case, and the warden I know was not the one from that incident, but it seems plausible that the editor's could be at fault.


Wouldn't have mattered if he were carrying an empty mag in that case from a 12025 perspective. He was carrying a handgun (which is defined as concealable), of which part of it (the magazine) was concealed. That was the interpretation. If there is no handgun being carried outside the 12026.1 locked container exemption then there is no way to argue that a firearm is being "partially concealed" (i.e. if the handgun is locked up you can carry mags concealed as much as you'd like). Also that logic doesn't apply to long guns, since they are not defined as capable of being concealed.


So if you have a holster that holds the mags in plain view along with your pistol, your good to go ?

I have been stopped by wardens the way I stated my questions and never said a thing.

jaymz
02-03-2011, 3:37 PM
All cops are exempt for this (and most) laws. Iíve been on a few ridealongs and the cops were on the cell phone nonstop.

Cops are only exempt from using hands free for work related calls only.

Mstrty
02-03-2011, 3:47 PM
All cops are exempt for this (and most) laws. Iíve been on a few ridealongs and the cops were on the cell phone nonstop.

You are wrong!
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.



Some LEO's either dont understand the law or just believe they are exempt.
They are ONLY exempt while making calls in the course and scope of his or her duties. [and] being the key word.

These are probably the same LEO's that believe the self opening knife laws dont apply to them either. Still waiting on someone to show me their exemption for that also.
I applaud what they do. I support them and think its a stupid law to begin with. "Well Im a cop and that doesnt apply to me" just shows a lack of character on their part. JMO

Sorry to the OP

tony270
02-03-2011, 3:48 PM
So if you have a holster that holds the mags in plain view along with your pistol, your good to go ?

I have been stopped by wardens the way I stated my questions and never said a thing.


If you are in the act of hunting or fishing you can carry loaded concealed. If you are open carrying in a city the Open Carry folks will tell you to carry the magazine unconcealed on the belt on the opposite of the firearm.

Nelsonboy707 explains hunting and fishing carry clearly at this link.

http://www.youtube.com/watch?v=Sw1w-dkhHMA

dirtydrew
02-03-2011, 7:35 PM
They didnt cite him for 12031... they cited him for hunting dove out of season or something. If he cited him for 12031, the weapons would have been confiscated...
Edit: and just because he said he was hunting does not mean he was in possession of a valid hunting license which would make the 12031 charge legit.