THP / Fine / Warden

[GobbleNut]

To preface, I have no dog in this fight, but here is my take (again):
Okay, so I just went to the MS site to see what it says about having a "guest".  Here is the exact quote I found:

"Guests
The drawn hunter may have one non-permitted, licensed guest 16 years of age or older. This guest is not allowed to harvest deer or turkey, but may participate in the hunt (i.e. calling, etc.).

YOUTH: For selected hunters 21 years old or older, one youth aged 15 years old or younger may accompany or hunt with the permitted adult hunter. The adult and youth combined harvest shall not exceed the permit bag limit."

If I was planning on being a guest (which I am not), I would look at that statement and my first inclination would be to call the agency and get a clarification on that.  I am certain that their response would be that the statement means that the guest must have purchased a nonresident turkey license to participate. 

Now, if I was stubborn and had lots of time and money, I might decide I was going to assume that a "licensed guest" meant I simply had to have some sort of "license" of any sort on my person. I would go along with the full intent to stir the pot and challenge the regulation if I was "caught" and ticketed.  In my particular case, if I decided to do that (which I would not), I would do so just because of the wording of the regulation.

I would go before the "judge" in the case and say "Your honor, I thought the regulation meant that I only had to have a "license" of some sort to verify my identity. I would have thought the if I was required to have a hunting license, the regulation would have clearly (and simply} stated that for me to go along I had to have a "valid turkey hunting license". Don't you think that adding those three simple words "valid turkey hunting" would have cleared this entire thing up in the regulations?"

Now, he might have decided that I was a moron for not concluding that the regulation inferred those three words...but on the other hand, he might conclude that whoever wrote the regulation was more of a moron for not putting those three simple words in the statement. ...We would have to see which side he chose, I guess...      

[Bedge7767]

I knew when i first saw this posted that it would cause a stink and all the crybabies would show up. I was right again. Social media has ruined hunting as they post on social media.

[Dtrkyman]

I would assume "licensed" means hunting license IE small game general hunting type license.  Is a turkey "permit" listed as a license there?

Most places list specific species as permits or tags not a license and your small game general hunting license as you license!

I have no dog in the fight either as I have no plans to ever hunt Mississippi public land, however traveling around to multiple states to hunt every year clear regs are important!

A state I hunt yearly changed their system twice in a few years, went to Walmart and purchased my tag/license and the system would not allow them to print it, cost me a morning hunt as I had to wait for game and fish to open on a Monday morning to get it straight!

They still took my money of course!


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[Mossyguy]

I would go before the "judge" in the case and say "Your honor, I thought the regulation meant that I only had to have a "license" of some sort to verify my identity. 

I'd say you'd have a pretty good argument..it's all there in black and white

[Tail Feathers]

GN - that is how it is stated in the "Frequently Asked Questions" page. I hope it more clearly defined in state code.

I suspect that it is...and is probably pretty clear in the regs, as well. I only pointed it out because I have seen some pretty badly worded regulations over the years from agencies that should have known better. 

Bear in mind these regulations are usually laws written by state legislatures.  And all the committee changes and additions that go with them. The enforcing agencies don't always have a say in them.

[eggshell]

Here in Ohio, the wildlife agency writes the rules/laws. They fall under a revised state code but the specific rule changes are promulgated by the wildlife agency and then adopted into law after our wildlife council approves them. I have no idea how other states do it, but here the legislatures have no part in writing wildlife laws.

[sasquatch1]

[quote author=GobbleNut link=msg=1217531 date=1742734136

I would go before the "judge" in the case and say "Your honor, I thought the regulation meant that I only had to have a "license" of some sort to verify my identity. 

I'd say you'd have a pretty good argument..it's all there in black and white
[/quote]


Id say the judge would look at you like a moron playing games. That's the problem with the world, even the normal people like to play dumb, and there's a ton of lawyers standing ny to defend the stupidity.

Then later, we complain when laws are wrote up in lawyer language.

[Mossyguy]

url="tel:1217531"]1217531[/url] date=1742734136




Id say the judge would look at you like a moron playing games. That's the problem with the world, even the normal people like to play dumb, and there's a ton of lawyers standing ny to defend the stupidity.

If I were the judge I'd definitely look at the individual like a moron...but you never know..lol

[NCL]

I actually saw a court order today where the judge responded to the attorney "do you think I am an idiot". I do not think I would want to try that defense in court in case the judge was having a bad day as it might not go to well.

[deerhunt1988]

"But Your Honor, the internet told me this was a good defense!" 

[Dtrkyman]

The judge is not "judging" anyone, he is judging the law, well he is supposed to anyway!

[sasquatch1]

The law, found under hunting regulations for a specific species draw hunt, should be EASILY understood to mean a license to hunt that species.

It's a damn shame so many people in the world truly enjoy and take pride in being or pretending to be incompetent


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[Jbird22]

MS could come up with an easy solution then BB,

Only those who draw the dates for the WMA can be on said WMA. Honestly I'd like that better myself I think.

I think ALOT of you are mixing this up with someone on an open National forest etc etc.


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I think that is exactly what they have done. Since the violator is a NON RESIDENT, it's draw only for NON RESIDENT for the 1st two weeks of the season in Mississippi

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Partially true..Non-residents have to apply for WMAs same as me (resident). The only difference being they have to apply for a general Natl Forest permit whereas I do not. I'd have to be licensed to accompany another hunter on a draw hunt just the same as a non-resident would.

[Dtrkyman]

They just said the fine was over $900 pretty steep compared to most tickets I've ever heard of.

Definitely a cash grab!


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[sasquatch1]

I think the YouTubers grab more cash from the resource than the MDWFP


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