Search found 3 matches

by txinvestigator
Sun Mar 19, 2006 1:17 pm
Forum: General Texas CHL Discussion
Topic: Game warden incident
Replies: 56
Views: 8428

Re: I understand but...

couzin wrote:I think I understand that you are upset that the LEO/Game Warden kinda grilled you there but consider the situation. There was probable cause that you may have seen the GW early and hid your rifle before coming out of the woods.
That is NOT probable cause, that is speculation and what-iffing, and is not enough for an arrest.
There were two of you, one with a carry handgun, and another handgun in the truck/car at the available. The forcefulness of the GW was in all probablity an attempt to make sure he remained in control - they have to - their, and other, lives depend on it. Kudos for remaining reasonably cool. Just remember, they have a dangerous job and not everyone is living by the rules like you. One only needs to review the annual fallen lists to understand why LEOs have to be able to take control through whatever means possible. Sometimes it is all too easy to get offended, or see an officer as being overly forceful, but...
He can be forceful and "in-control" without threatening illegal arrest and hassleing him over legal firearms.
by txinvestigator
Sat Mar 18, 2006 7:16 pm
Forum: General Texas CHL Discussion
Topic: Game warden incident
Replies: 56
Views: 8428

Re: Game warden incident

Lonegun1894 wrote:TXInvestigator, you said... "I suggest always cooperating when possible, especially with an officer who is acting the way your guy was.

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."

I cooperated, but for me, there is a fine line also. I had a friend with me and it was her first time hunting. She refuses to go back because she is afraid that she will be arrested. He also threatened to get physical a couple times throughout the whole incident and said that the only reason he didnt was because she was there. Disarmed me, within the law so no problem there, aside from the attitude. Ran my license, ran the numbers on the gun, etc, no big deal, nothing to hide there. I know this guy has a job to do, but the threat of physical force, right after i got back from Iraq, would have ended badly for both of us if he had carried it out.
In case I wasn't clear, I support you and am on you side on this issue. I made that statement to show that I always try to elvaluate complaints about officiousness.

Yours is legitimate, I believe.
by txinvestigator
Sat Mar 18, 2006 6:27 pm
Forum: General Texas CHL Discussion
Topic: Game warden incident
Replies: 56
Views: 8428

Re: Game warden incident

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......

Return to “Game warden incident”