Lonegun1894 wrote:This was some time ago, but i am hoping to het a few answers on something. I was bowhunting at Aquilla (public hunting land), just outside Hillsboro, when i came back to the truck and found a gamewarden pulling up right behind me. The rules for that area are that you can be legally armed with a handgun as a CHL holder, but you can only use shotguns, muzzleloaders, and archery equipment to hunt with. When i came out of the woods, i was armed with my bow, and a .357 snubby, also had a 9mm handgun in the truck--all within the regs/law. The warden asked for my hunting license so i handed him my hunting license( along with the hunting, fishing, public land hunting permit), my DL, and my CHL, once again, going by the book here. He then noticed a magazine for an AR-15 sitting in the doorpocket of the truck that i had left in there from shooting that the day before, but i did not have the rifle with me. He started giving me an attitude about having a rifle and how he could arrest me for having a rifle in the hunting area and such. Seeing as i didnt have a rifle, he let me go with just a verbal warning to not do it again or i'd be going to jail for a magazine, but it got me thinking. Seeing as the truck was parked on the shoulder of a public road, and i was hunting with a bow, and not a rifle anyways, what would be the legal implications here? And how should i handle this next time around? I often keep a rifle in the truck anyways, and would hate to get arrested for just having one in the vehicle, and not doing anything illegal with it. When he was satisfied that i didnt have a rifle, he started hassling me about the revolver i was carrying. Asking about how long i'd had it, where i got it, when, etc, etc. I have the utmost respect for LEOs, and that includes game wardens, but this guy just rubbed me the wrong way with his holier-than-thou attitude and the what-are-you-gonna-do-about-it ending/threat. I was well within the law as i understand it, considering i didnt even have any weapon that was forbidden in the area, but does he have the authority to nail me for having something legal like a rifle in the truck? I understand if he'd caught me coming out of the woods with it, or with illegal game, or something along those lines, but this one just seemed to be on a powertrip. Can anyone please give me their opinions on this, especially anyone with a legal position i can stand on to either know my rights better, or if i am wrong on this, please correct me so i dont make the same mistake again. Thanks everyone.
I am not a hunter, and have not even attended a Hunter's Education course, so I can only speculate. Forgetting hunting laws for a minute, you can have a long-gun in Texas.
From what I know about probable cause, just having a rifle in your vehicle would not be probable cause to arrest for illegal hunting.
Unless there is a specific law I don't know about, I would have to say you ran into a LEO who either didn't know the law, or is just a plain jerk. Could be either.
All of that said, you cannot win an argument on the street with a LEO. Even if he is wrong, if you argue or resist you risk arrest. It might not stand up, but for the time being you could be in jail. I suggest always cooperating when possible, especially with an officer who is acting the way your guy was.
I also suggest complaining afterwards.
FWIW, I am a former cop with 10 years LE experience. I also work with a few now. I fully support LEO's and I come to their defense when people wrongly accuse or place blame without actually knowing all of the facts. But you were there, and I believe your version of events.
Hopefully, someone with more knowledge about hunting regs will come along......