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View Full Version : Why doesn't DFG take these guns?


Irish Gunner
03-11-2012, 7:15 PM
I am a little confused. I am sitting here watching "Wild Justice" on Nat Geo. The wardens come across convicted felons (per warden's statements) and come across weapons that belong to these guys (who would presumably be restricted individuals) and I have yet to see them confiscate any of them, or bust them for illegal possession. (maybe it happens off camera as you never see the disposition)

Instead they cite them for some BS and leave them with the guns. I mean really leave a convicted poacher with all his weapons, when it is exactly these guys that give hunters a bad rap.

Am I missing something? Am I alone in this opinion?

BTW, IMHO they should auction off the guns once the legal proceedings are done to further finance DFG, who for the most part do a good job.

taperxz
03-11-2012, 8:01 PM
If they were convicted of poaching deer and served their time/fine, that doesnt make them a felon. It is a non prohibiting misdemeanor. I did not see the show but basing this on your statements of convicted poachers of deer one time.

Irish Gunner
03-11-2012, 8:07 PM
I understand the difference between a felony and misdemeanor. Simply put though the warden referred to suspect as a "convicted felon". Not my words.

I suspect that it may be somewhat dramatic too as I just put it together that they were doing "probation" searches. I'm no lawyer, but I thought felons were on "parole".

Starting to sound more like artistic license. Maybe it makes for better TV? If that is the case it makes sense.

shocknm
03-11-2012, 8:58 PM
...Am I alone in this opinion?...

No. Here's how to get in contact with like minded folks in your area:

http://www.bradycampaign.org/chapters/CA/?s=3

Irish Gunner
03-11-2012, 9:03 PM
No. Here's how to get in contact with like minded folks in your area:

http://www.bradycampaign.org/chapters/CA/?s=3

That's a low blow! I knew I would get some heat to even suggest that anyone should be prohibited, but I despise poachers. They are part of the reason that guys like Dan Richards gets ***** for legal hunting. And yes I think it should be a felony and yes I think they should be prosecuted and deal with the consequences, especially repeat offenders.

Maestro Pistolero
03-11-2012, 9:25 PM
That's a low blow!

Agreed.

MASTERLAB
03-11-2012, 10:53 PM
That is a really low blow, uncalled for in my opinion

in reply to the op, I think its dramatics for the TV.

Carnivore
03-11-2012, 11:24 PM
I think you miss heard the Warden if it was the one I saw. The owner of the guns was in jail for a felony and the individuals at the camp site were in possession of his guns. In that case it isn't illegal depending on how long they had been in possession of the guns.

I was more pissed about a different warden saying they couldn't have a loaded weapon on them when on a public road (while riding a quad) when it wasn't a public road but a dirt access road they were on. Then tells the guy he will do him a favor and give him a ticket for hunting doves out of season (none in possession) and "LET" him keep his guns.

The other problem is most of these guys don't even know the law. They keep saying that having a magazine with rounds in it is considered a loaded gun. Amazing really.

Ron-Solo
03-12-2012, 12:35 AM
I understand the difference between a felony and misdemeanor. Simply put though the warden referred to suspect as a "convicted felon". Not my words.

I suspect that it may be somewhat dramatic too as I just put it together that they were doing "probation" searches. I'm no lawyer, but I thought felons were on "parole".

Starting to sound more like artistic license. Maybe it makes for better TV? If that is the case it makes sense.

There are a lot of dramatics that go on under the guise of "Reality TV" on these shows.

As far as parole vs probation, parole is the release from state prison early under the supervision of a parole officer. Violations of parole can result in being sent back to prison without additional charges being filed.

Probation is generally granted in lieu of serving time in state prison. Felony probation is often granted under the condition that the person serve a period of time in the county jail as a condition of probation, they may have certain conditions place upon them, such as no use of alcohol, etc. if they violate the terms of probation, the original sentence can be imposed following a violation hearing. It is still a felony conviction and they lose all gun rights

PCPerks
03-12-2012, 4:31 AM
I saw the same thing on Alaska State Troopers where a guy was pulled over and he said he was a felon and he had two loaded guns on him and at the end of the stop the trooper sent him on his way with his guns. I was majorly confused. I thought any felon was prohibited from being in possession of a firearm.

CAHighSierra
03-12-2012, 4:42 AM
These guys arrest people for DUI and perform other regular LEO duties from what I see. I seriously doubt they wouldnt be taking firearms from prohibited persons.

devilinblack
03-12-2012, 5:59 AM
I was more pissed about a different warden saying they couldn't have a loaded weapon on them when on a public road (while riding a quad) when it wasn't a public road but a dirt access road they were on. Then tells the guy he will do him a favor and give him a ticket for hunting doves out of season (none in possession) and "LET" him keep his guns.

The other problem is most of these guys don't even know the law. They keep saying that having a magazine with rounds in it is considered a loaded gun. Amazing really.

I caught that part of the episode and they were on a dirt road, looked like a Forest Service road. Those are still considered public roads when you're talking about driving around loaded. And in all fairness, the dumbass on the ATV said he was hunting doves among other things. The answer to that question should always be coyote, they're always in season!

As for the loaded magazine equaling a loaded gun, yes they were wrong on that. I was really annoyed about them getting so butthurt about the hunters having a scanner and assuming that meant they were doing something wrong.

Irish Gunner
03-12-2012, 7:43 AM
I caught that part of the episode and they were on a dirt road, looked like a Forest Service road. Those are still considered public roads when you're talking about driving around loaded. And in all fairness, the dumbass on the ATV said he was hunting doves among other things. The answer to that question should always be coyote, they're always in season!

As for the loaded magazine equaling a loaded gun, yes they were wrong on that. I was really annoyed about them getting so butthurt about the hunters having a scanner and assuming that meant they were doing something wrong.

The FUD alarm is ringing in my head. I wasn't sure about the dirt road. Having lived in Butte county there are a number of forest service roads that are public and just about as many access roads that are owned by logging companies etc. Most of the latter are being gated off though for liability reasons.

I used to carry a scanner too, not for any nefarious purpose, I was a volunteer firefighter. Soon CA will require County Sheriff approval, Fingerprinting etc, to carrry a concealed scanner.....

Irish Gunner
03-12-2012, 7:48 AM
There are a lot of dramatics that go on under the guise of "Reality TV" on these shows.

As far as parole vs probation, parole is the release from state prison early under the supervision of a parole officer. Violations of parole can result in being sent back to prison without additional charges being filed.

Probation is generally granted in lieu of serving time in state prison. Felony probation is often granted under the condition that the person serve a period of time in the county jail as a condition of probation, they may have certain conditions place upon them, such as no use of alcohol, etc. if they violate the terms of probation, the original sentence can be imposed following a violation hearing. It is still a felony conviction and they lose all gun rights

Thanks for clarifying, I did not know realize "felony probation" existed.

BigDogatPlay
03-12-2012, 9:52 AM
One individual on last nights show, a younger guy in the Sierras with a garage full of untagged antlers had a previous poaching conviction and had plead out to a misdemeanor battery within the past year. That latter conviction carries a 10 year prohibition, probaiton terms notwithstanding. They contacted him at his home. From what I could tell, they seized firearms that were in his living space or which they could establish he could freely access.

I saw the same thing on Alaska State Troopers where a guy was pulled over and he said he was a felon and he had two loaded guns on him and at the end of the stop the trooper sent him on his way with his guns. I was majorly confused. I thought any felon was prohibited from being in possession of a firearm.

Laws in Alaska are different. There it is illegal for an individual who has been convicted of a felony or a minor who has been labeled “delinquent” for a crime that would constitute a felony to carry a concealed weapon. But, as I understand, felons can in some circumstances still own and use firearms. Hunting, after all, is how most people up there feed themselves so the legislature has employed some measure of common sense to felony prohibition.

robcoe
03-12-2012, 10:29 AM
I understand the difference between a felony and misdemeanor. Simply put though the warden referred to suspect as a "convicted felon". Not my words.

I suspect that it may be somewhat dramatic too as I just put it together that they were doing "probation" searches. I'm no lawyer, but I thought felons were on "parole".

Starting to sound more like artistic license. Maybe it makes for better TV? If that is the case it makes sense.

Probably 1 of 2 things is going on.

First, the guy is playing it up for the camera

or second like many DFG people, he doesn't have the first clue what the law actually is.

Eddy's Shooting Sports
03-12-2012, 11:27 AM
Laws in Alaska are different. There it is illegal for an individual who has been convicted of a felony or a minor who has been labeled “delinquent” for a crime that would constitute a felony to carry a concealed weapon. But, as I understand, felons can in some circumstances still own and use firearms. Hunting, after all, is how most people up there feed themselves so the legislature has employed some measure of common sense to felony prohibition.

I'd be very interested to see a reference to these supposed laws. Last I heard, Alaska is still part of the US. What you're saying is they are thumbing their nose at the Feds like CA is with medical marijuana?



Greg David
Eddy's Shooting Sports
400 Moffett Blvd.,Suite F
Mountain View, CA 94043
(660)969-GUNS

T-F 12-7 W 12-9 Sat 11-5
Closed Sun/Mon

cacop
03-12-2012, 12:31 PM
I'd be very interested to see a reference to these supposed laws. Last I heard, Alaska is still part of the US. What you're saying is they are thumbing their nose at the Feds like CA is with medical marijuana?



Greg David
Eddy's Shooting Sports
400 Moffett Blvd.,Suite F
Mountain View, CA 94043
(660)969-GUNS

T-F 12-7 W 12-9 Sat 11-5
Closed Sun/Mon

It is entirely possible. I reserached Marky Mark being a convicted felon yet he appears in amny movies with guns. The reason why he can is that MA does not report people who served less than two years as felons. Apparently it has to do with Ted Kennedy and Chappaquidick. The Feds get pissed but they haven't been able to force MA to change their ways.

a1c
03-12-2012, 12:35 PM
I'd be very interested to see a reference to these supposed laws. Last I heard, Alaska is still part of the US. What you're saying is they are thumbing their nose at the Feds like CA is with medical marijuana?


Some California PD/SO/CHP cops don't care about the federal GFSZ law either, and won't make a big deal of unlocked long guns in the back of a vehicle either as long as they're unloaded.

BigDogatPlay
03-12-2012, 12:48 PM
I'd be very interested to see a reference to these supposed laws. Last I heard, Alaska is still part of the US. What you're saying is they are thumbing their nose at the Feds like CA is with medical marijuana?

Summary here. (http://crime.about.com/od/gunlawsbystate/p/gunlaws_ak.htm)

It is unlawful for a person convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult to possess a "firearm capable of being concealed on his person" unless a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency.

It would be a federal offense for such a person to have a transfer made to them, but as I understand once ten years goes by in Alaska felons can possess, with some exceptions. I've been told that there are some lifetime prohibitions up there.

Dreaded Claymore
03-12-2012, 3:10 PM
Some California PD/SO/CHP cops don't care know about the federal GFSZ law either, and won't make a big deal of unlocked long guns in the back of a vehicle either as long as they're unloaded.

Fixed.

(Just like most people, they can't know the law because there are too many of them and they're too complex. But with most people, not knowing the law doesn't have any public consequences.)

mej16489
03-12-2012, 5:11 PM
One individual on last nights show, a younger guy in the Sierras with a garage full of untagged antlers had a previous poaching conviction and had plead out to a misdemeanor battery within the past year. That latter conviction carries a 10 year prohibition, probaiton terms notwithstanding. They contacted him at his home. From what I could tell, they seized firearms that were in his living space or which they could establish he could freely access.


I'm 99.9% certain they said it was a Misdemeanor Battery conviction in Reno. Does that even have any bearing at all on someone in California?

BigDogatPlay
03-12-2012, 7:52 PM
I didn't hear Reno. I'll have to catch a repeat of the show as I've already wiped it off my DVR. I believe they also said he was on probation from his previous poaching conviction and those probation terms almost certainly would carry a no weapons or firearms term, which would prohibit him anyway.

The list of prohibiting crimes (http://ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf) notes Battery (PC 242 and PC243). Not sure if a Nevada conviction (unless that battery was DV in which case it would trigger a federal prohibition) would carry over.

Now I'm curious.

locosway
03-12-2012, 9:25 PM
It's a TV show, grab the :popcorn: and enjoy the entertainment. If I got worked up every time I saw something that wasn't correct or might be bad info, I'd have a heart attack already.

Cylarz
03-12-2012, 11:10 PM
I saw that show. I was left wondering why DFG is handing out citations for drug possession. Doesn't really seem like their area of enforcement. The suspects simply happened to be in a wooded area when caught with some cannabis; they were not even armed or dressed like hunters.