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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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Info on Fish and Game checkpoints
Watching a show on TV now and they are asking people if they have guns in the car and if yes searching the whole car. Do you have to tell them yes if they ask? If they are covered with a tarp or in the trunk and not visible can you say no? What are your rights and what is legal and not legal?
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#2
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Fish and game are a state agency no? You HAVE to declare any fish or game taken if they ask but Im pretty sure if its a state agency you do t have to tell them you have guns.
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You shoot me in a dream, you better wake up and apologize. |
#3
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My understanding is if they have probable cause to believe you were hunting then they are allowed to search to certify that any game you have was legally taken.
Abalone divers have their cars/boats searched regularly by F&G wardens when driving away from areas where abalone diving is common. Additionally the US Coast Guard has the power to conduct a warrantless search of your boat anytime they want to board your craft. |
#5
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The question still hasn't been answered. Do I have to say 'yes' if F&G asks me if I have a gun in my car (and I in fact have a gun in the car)?
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Proud to belong to the NRA Members' Council of Santa Clara County Disclaimer: All opinions are entirely my own. |
#6
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I don't know if you are required to tell them about your guns, but it's against the law to prevent them from searching anywhere they please.
"...Prohibit a warden from inspection of any boat, market or receptacle where fish may be found (FGC 1006)."
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#7
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You have the right to remain silent. If they inspect a car/truck and find that there is no evidence of hunting activity, that would be a violation of search and seizure. They can search hunters and fisherman during, before and after the sport take of game. They can not use these powers to search for any other reasons unless PC has been established for other violations of the law.
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#8
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No! You cannot be compelled to say anything. You cannot lie to a federal officer, but you do not have to say anything at all. You can lie to state and local LE all you want, and they can and will lie to you.
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Take not lightly liberty To have it you must live it And like love, don't you see To keep it you must give it "I will talk with you no more. I will go now, and fight you." (Red Cloud) Last edited by Meplat; 11-28-2012 at 1:16 PM.. |
#9
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Now I am sure they can make up all sorts of reasons for a search. So if they ask you if you have any firearms in the vehicle, you have a right to remain silent. Or you can always ask questions. "Do you have any firearms in the vehicle?" You respond, "Why do you ask officer?" "I am conducting a hunting license check." You reply, "Oh." Then he stares at you and asks again, "Do you have any firearms in the vehicle?" "Why do you ask officer?" Or mix it up and simply ask, "Am I free to go?" If he asks you to step out of the vehicle, ask if you are free to go. If he demands you get out the vehicle, inform him you do not consent to searches and you have nothing left to say until you speak to your lawyer, then ask if you are free to go again. Only do this is you feel like flexing your rights and have the time. You are under zero legal obligation to ever answer any law enforcement officer's questions. None. Experts recommend you do not lie to an officer. Simply don't answer the question or invoke your right to remain silent. Here shortly someone will recomend you answer with "I have no illegal firearms in the vehicle." Personally I think that is a poor idea. I wouldn't even give them that and it just makes you seem like you are some smart guy that pretty much left an opening to search for legal weapons for an E check or some such nonsense. Give them nothing.
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www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms. |
#10
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If their probable cause to search showed no signs of fishing or hunting and something else was found that was illegal, i suspect the evidence would probably not be admissable in court due to an illegal search and seizure. |
#11
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Let me Guess must have been an episodes of wild Justice . They make every California hunter / fisherman look like some total Douche . I cant Stand stand show !
By far CA fish And Game are the worst informed LEO"S in the state . |
#12
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They are up there. |
#13
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I have been stopped by them near Utica/Spicer. They stop anyone that has been fishing and they always ask about weapons.
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"The Right Of The People To Keep And Bear Arms Shall Not Be Infringed" Nuff Said....! |
#15
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CA DFG has my highest respect, for a tough job done well.
I only wish they were even more effective at taking down the poachers.
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Making guns illegal is as stupid as making drugs or prostitution illegal. |
#16
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OK so basically I can say "In have NO guns" in the car or "I have nothing illegal in the car" or ask a stupid question or keep quiet. Im not breaking any laws and dont feel like having my car strip searched for no good reason. Oh and EVERY HOUSE THEY RAIDED came from pictures off some Cal website forum that the idiot poachers posted online. Be careful what you post and dont break the law. Last edited by problemchild; 11-28-2012 at 6:21 PM.. |
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Odds are not in their favor and they paid about 1/3rd as much as a CHP officer. |
#20
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First make sure you don't have anything illegal in the car.
If you have been hunting then you need to tell them you have and show them any game taken (yes I know covered above) obviously you will need to let them know you have a fire arm then. If not hunting then if ANYONE asks if you have a gun in the car repeat the following...."I have nothing illegal in the vehicle, no you may not search, am I free to go?" Don't answer any of their stupid questions and don't get caught up in their "if you have nothing to hide" crap either. No need to lie when you can tell the truth. A firearm in your car isn't illegal. I throw in a "let me know when I am free to go" too. As for DFG I deal with these Dbags all the time fishing out at the islands. Other then one guy that is really cool in Ventura the rest aren't worth the pay they draw. BTW most of them aren't bright enough to make it onto the CHP that is why they don't make as much.
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#21
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They have a lot of stretch when it comes to "reasonable" and I've seen people detained until a CHP arrived to issue non-F&G tickets.
The first question is always have you been hunting? And I've never been stopped when I wasn't hunting, so the question of weaponry is assumed. I've got no hate for them. The only LE job harder than cornering illegals with weapons is cornering anti-establishment legals with weapons. IMO
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#22
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so...lemme see if this is correct:
i have my legal firearm(s) secured, unloaded, in a locked carrying case, in the back (trunk/bed of truck) covered up (out of visual sight) i am going to, coming from or passing through a legal hunting area and i'm stopped by DFG game warden. he asks: "Have you been hunting?" i respond: "No, officer, i have not been hunting"* he asks: "Are there any guns in the vehicle?" i respond: "It is a very nice day today officer, am i i free to leave?" *there is, normally, no way to prove you have been hunting unless you have game in your possession...or, you admit it...even if you do have camo clothing, bino's, rangefinders etc...most hunters i know, go to the field for a "Dress rehearsal" to test their gear, make sure their firearms are 'zeroed', binos and rangefinders are all adjusted properly. however...if you are in a legal hunting area, and are equipped to hunt, you are considered as hunting, or have been hunting...and you'd better have a current hunting license with any appropriate tags necessary for game in season in that area. if there are no visual indications, and no admissions, of hunting activities, from an outside, looking in, visual inspection, there is no PC. no PC, no consent to search... is this a correct assumption? is this assumption correct?
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NRA life member, US Army Veteran i am a legend in my own mind... we are told not to judge muslims by what a few do...yet, the NRA membership and firearms owners are ALL considered as radical... "The second amendment ain't about your deer rifle..." |
#23
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Officer asks: "Do you have any weapons in the vehicle?"
Reply: "I'm sorry officer, my attorney has advised me not to answer any questions". Officer asks: "May I search your vehicle?" Reply: "No. I do not consent to any searches".
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“The beauty of the second amendment is that it will not be needed until they try to take it.” --Thomas Jefferson ________________________________________ The Appleseed Project - "Returning America to a Nation of Riflemen" www.appleseedinfo.org |
#24
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#25
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And they have a right to laugh out loud!!
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Things usually turn out best for those who make the best of how things turn out. |
#26
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Things usually turn out best for those who make the best of how things turn out. |
#27
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Hunting and fishing is a sport. If you treat the wardens like you would treat referees in football, then you have an understanding of their "role" in search and seizure laws in regards to hunting and fishing, The only difference is that they are LEO in the real world also. Their special powers extend to F&G only. "a single fish hook'? Maybe but what is anyone doing with a single fish hook on them? really |
#28
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I have a single fly attached to my dashboard cover that was from a friend that passed away. So there is one example as to why someone would have a single hook.
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#29
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Let us stay a bit more directly on topic, please.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#30
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If your have your guns with you and you know they are legal to own and have with you, I would just say yes let him check them out and let him be on his way, if you have a gun with you and you say no, and he ends up searching your car or truck, you just lied to a fish and game warden or police or CHP depending on who pulled you over, if your not breaking the law its always better to be honest then to cause trouble, I always go point A to B when I have a firearm in my car, never any stops in between.
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#31
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F&G code section 2012 says that you need to show all licenses, tags, method of take (guns, fishing equipment, nets, etc.) as well as any catch when asked by anyone authorized to enforce the F&G code. Quote:
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#32
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NO YOU DON't!! F&G codes only apply to those who are participating in the activity. F&G codes do not apply to those not hunting or fishing. If you are driving home from a trip either hunting or fishing, You don't have to tell them squat! They must have proof or knowledge of your activity in order to continue their shake down powers. Not to mention, since when was the "right to remain silent" ever made illegal??
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#33
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I would read CA veh section 31 and penal code section 148.9 before telling lies
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#34
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You might also want to check out 12031 para (e)
12031(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. |
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#38
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#39
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Delete
Last edited by Dirty dirt; 12-21-2012 at 2:34 PM.. |
#40
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If Im not hunting/fishing, and since my guns are legit/properly stowed... then:
1. If hes Federal = I wont lie. 2. If hes not federal = Id just lie since its none of his damn business, its not illegal (or wrong) in that case since they dont need to know. If they had a good reason to suspect I was hunting/fishing, then they could already search and they had no reason to ask me about guns in the first place... thats just rude |
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