Fish and Game Code 2006

[P5Ret]

Is it just me or does it seem like F&G has a whole bunch of lieutenant's? Nearly everyone I that I have ever encountered was a lieutenant, and yeah most of them have a black and white perspective on the law. Seems kind of CS of him to write that tag under the circumstances. Good luck in court, I'm sure I'm not the only one who is interested in the outcome.

[center_x]

It seems like F&G codes supersede PC. LE can carry concealed off duty all the time, yet cannot if you are hunting during archery season....

I've typically found that most F&G are by the book, not spirit of the law....

[tyrist]

I am fairly certain you have an affirmative defense. How did he even find the gun in the first place?

Are they making you ride the desk till the court case is over?

[jdawggy79]

Erik, in regards to your question if I would issue a cite to a non LEO...the answer is "it depends." It depends on the totality of the circumstances and whether or not I thought the person would learn from the contact or not. The function of this law is to prevent people from hunting game from their vehicle, which was not my intention.

I was not asking for a break...I really thought I was authorized to carry a loaded gun with me off duty...and, in fact, my attorney thinks the same.

One thing is for sure, I would have never issued a cite of this nature to a fellow officer for this type of "violation." Cops are trained pros on handguns and rifles and are authorized to carry off duty under the federal LEOSA act. As an LEO, what if I had stumbled on a violent poacher who had just illegally taken game? As a state LEO, would DFG expect me to at least observe and report? I think so. I have the right to carry a weapon and a duty to defend myself and others. The game warden could have easily warned me and told me about the vague law and I would have gladly abided by the rules. This is a concept called "spirit of the law" that extends to the general public as well. It was painfully evident that I was a prized statistic for the officer, and not a brother in arms.

[erik_26]

Cops giving cops a misdemeanor cite for carrying a loaded weapon off-duty...go figure.

First, not a LEO.

Second, good to learn what you learned the hard way.

Third, if you were in his shoes, and made contact with a non-LEO regarding the same issue, would you have issued the misdemeanor?

I understand that LEOs give other LEOs breaks from time to time (not all the time and not every time). I am sure that LEOs do give non-LEOs breaks from time to time as well (maybe not as often).

But with all due respect, if you were breaking the law, the citation was deserved. As I am sure you are fully aware, LEOs are not exempt from laws and certainly not above them.

Had he issued you a verbal warning (regardless of anyone LEO status), that would have been sufficient in my book as well. He just choose to use a step above that. Which does suck regardless of who or what you are. Never feels good to get a swat on the butt.

[jdawggy79]

To all LEO hunters,

Be careful when you are hunting with your rifle. Despite the fact that HR218 allows you to carry a concealed loaded weapon nationwide, it apparently does not allow you to carry a loaded rifle in your vehicle out in the middle of nowhere.

I had the pleasure of encountering a Fish and Game Lieutenant who promptly cited me for F&G 2006, even after I badged him and honestly told him that I did not think I was doing anything illegal, since I carry my handgun loaded all the time. Spirit of the law...not so much with this guy.

I'm fighting the charge and we'll see how it goes. Cops giving cops a misdemeanor cite for carrying a loaded weapon off-duty...go figure.