first scare while carrying

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RPB
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Re: first scare while carrying

Post by RPB »

They do here, mainly the Rookie ones I think, but we get a lot of Rookies or trainees I guess. I know of one kayaker who JUST LAUNCHED off the bank, and had his fishing license and TDL in his car roughly 100 feet away, got a ticket because it wasn't in his IMMEDIATE POSSESSION.

http://law.onecle.com/texas/parks/12.114.00.html" onclick="window.open(this.href);return false;


Texas Parks and Wildlife Code - Section 12.114. Driver's License Or Personal Identification Certificate Required
§ 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE REQUIRED.
(a) A person who is 17 years of age or older
and who has a license or permit issued under this code or who is
engaging in an activity that requires a license or permit shall have
a driver's license or personal identification certificate in the
person's immediate possession
.

(b) If the person is a resident as defined by Subdivision
(1) of Section 42.001 of this code, "driver's license" and
"personal identification certificate" have the meanings assigned
by Chapter 521, Transportation Code.
(c) If the person is a nonresident as defined by Section
42.001, "driver's license" and "personal identification
certificate" mean those documents that are similar to those defined
in Subsection (b) and that are issued by the agency in the state or
country of which the person is a resident that is authorized to
issue driver's licenses or personal identification certificates.


Well, I said "Rookies" but they are "Probationary Game Wardens"
http://sao.hr.state.tx.us/Compensation/ ... /R9981.htm" onclick="window.open(this.href);return false;
Last edited by RPB on Tue Dec 29, 2009 4:05 am, edited 7 times in total.
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juggernaut
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Re: first scare while carrying

Post by juggernaut »

They never inspected my fishing hooks neither. Maybe I look trustworthy.
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Re: first scare while carrying

Post by chabouk »

Dragonfighter wrote:I shot a rabbit in self defense once. Ask me how, I dare you.
Dragonfighter = Jimmy Carter? :rolll
RPB
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Re: first scare while carrying

Post by RPB »

But they ask for ID around here. You have the LCRA RAngers, (Peace Officers) and the LCRA "Security" (NOT Peace Officers) and the TPWD Game Wardens and the "other" Ranger guys at some parks etc. Additionally, some city and County Peace Officers patrol the lakes here.

Real often, I see the Sheriff's Deputy, a Constable or a city Police Officer on the Game Warden's boat and it's their habit to ask for ID. .... probably fishin' buddies. But most likely looking for intoxicated boaters on weekends, because you can lose your driver's license over that now EASIER than you can for DWI.

"Getting a BWI is just like getting a DWI in Texas.
One major difference between BWI and DWI defense is the justification for the stop. Texas law does not require a police officer have reasonable suspicion or probable cause to stop a boat operating on the waters of Texas, but does so require for an automobile stop. ...

In Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher (the same as that for a DWI). Texas law establishes stiff penalties for boating while intoxicated (BWI) including:

First conviction carries a fine up to $2,000 and/or jail time up to 180 days
Second conviction carries a fine up to $4,000 and/or jail time up to one year
Third conviction carries a fine up to $10,000 and/or jail time of 2-10 years.
If you are found to be boating while intoxicated in Texas in a vessel that has an engine over 50 horsepower, they will try to automatically suspend your (driver's) license."

-----

I recall once at Rollover Pass about 40 years ago, I had bought my fishing license the night before and the Game Warden asked for it and it took my 20 minutes to find it in my wallet, He kept trying to leave and saying he believed me and I kept telling him no wait I want to show you I want to prove I have one (No one ever asked to see mine before and I was proud of it, probably was the first year I had to have one)
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03Lightningrocks
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Re: first scare while carrying

Post by 03Lightningrocks »

RPB wrote:Peace Officers that don't ask if you are armed after you present your Concealed Handgun License? Odd, but great!! I'll go to your lake then :D

Around here, highland lakes. when they see your CHL license, they ask if you are armed before they start measuring your fish. (Probably because most people are, and they want to know before they take out a ticket book and start writing a ticket because you accidently mistook/mis-identified a Striper and thought it was a White Bass) Some Park Rangers or Game Wardens even advise you (wrongfully) that you must wear your PFD/life jacket at all times.

One incident on a forum recently, the game warden disarmed the citizen, and accidentally discharged the firearm shooting out the citizen's tire.
I have not been stopped since I got my CHL. But in my post I said randomly. Randomly will probably hold true for as long as I live. Again...maybe it has to do with my guilt free conscience and clean cut looks. I just don't get harassed by cops...or wardens. I have no idea why you have such issues with law enforcement. Maybe I am just lucky. I am thinking that the law does not say I have to show the Warden my CHL. I could be wrong though. I would be shocked if a game warden just hap haphazardly asked me if I am packing heat...LOL. Seriously...that would be a real strange question for them to ask since 98% of the population has no CHL. That would be right up there with randomly asking me if I am smoking pot. Maybe randomly asking me if I am drunk. With no reason to be suspicious of you, I just think it is highly unlikely.

I honestly believe some on this forum have a guilty conscience about carrying a firearm and are just a tad paranoid about the law knowing they are carrying.
Last edited by 03Lightningrocks on Sun Dec 27, 2009 7:54 pm, edited 1 time in total.
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Re: first scare while carrying

Post by 03Lightningrocks »

Dragonfighter wrote:
03Lightningrocks wrote:One more thing. I am guessing you have not spent a whole lot of time in the outdoors. I am 48 years old and have been hunting and fishing for 45 years. My family has hunters...my friends all are hunters. Not one of us has ever had to kill any animal...snake...mongoose...tiger...bear...or hog in self defense.
I shot a rabbit in self defense once. Ask me how, I dare you.
Oh my....I can't resist.... HOW???? :bigear:
RPB
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Re: first scare while carrying

Post by RPB »

Sheriff's Deputies, Constables,City Police Officer,Game Wardens, Rangers, and probationary Game Wardens are certified Peace officers. And until recently, if you failed to present your CHL to them when asked for your Identification, it was an offense and your CHL could be suspended. It's still an offense, but the penalty was removed.

LOL, I have no issues with law enforcement, I customized many of their weapons and gave weapons to others, donated guns and ammo to that department and the one where I live now, employed a few as Private Investigators and employed or worked with their wives as legal assistants, secretaries and receptionists. If an officer needed to borrow an ankle holster and/or pocket pistol to take out of state to Hawaii on vacation, because they didn't want to haul around a duty weapon, I'd loan them whatever they needed. When 2 of my freinds, Jeff Ginn and Les Early were shot and killed on duty, I donated firearms to the Department for them to auction off for the money or keep for Departmental use. The officers in that city knew I carried, and if we were out doing something and they were off-duty+weren't armed, they asked if I was, just in case, (in case they needed to borrow one, in case a felony occurred in our/their presence) though that was before CHL existed.

Their job is to write citations; I don't know if they profile people or not, they do check lots of boats though, and don't require a reason/probable cause, to check your ice chest, live well. etc. I don't know exactly how broad that goes, I mean they don't check the freezer in everyone's house to see if they exceeded the possession limit of crappie, but I never even catch my daily limit, so I doubt they would check me anyway :mrgreen:

HB 410 Failure to Display
Repeals (in part) the provisions relating to the requirement of license holders to display the license upon demand for identification by a peace officer (§§411.187(a),(c), and 411.205). Failure to display the license upon demand for identification by peace officer will no longer be grounds for suspension of license (currently 90 day suspension). The offense itself remains, albeit without penalty. HB 2730 Article 12A

-----------

Perhaps in D/FW they don't ask, but around Austin, (and Rbinson County, and other places) when a Game Warden pulls you over for driving too slowly, or to look in your ice chest or live well or truck or car for any other reasons, etc, they do. I guess that's true though, I livedin Richardson several years and never got asked for even a fishing license around Dallas and surrounding lakes, maybe I <looked innocent>.


http://hubpages.com/hub/Duck-Hunting-Te ... Lands-FAQs" onclick="window.open(this.href);return false;
Caution: Be prepared to produce your Driver's License (or State Identification) and all required hunting licenses, stamp endorsements, and permits when directed by the Game Warden. And, make sure you sign all documents, else a fine may result.



http://texassportsmansassociation.org/nov07.pdf" onclick="window.open(this.href);return false;
Top Ten Check List from Texas Game Wardens
1. Review the Outdoor Annual and check for open season
dates and bag limits for the county in which hunting is planned.
2. Check for legal means and methods in that county.
3. Carry a current hunting license.
4. Clearly identify the target before pulling the trigger.
5. Carry a sharp knife; cut out the date (month and day) of
kill on deer and turkey tags and immediately after kill, attach
appropriate tag to the deer or turkey.
6. Carry a ballpoint pen; fill out ranch and county name on
back of deer and turkey tags.
7. Carry a hunter safety certification card, if applicable, in
the field.
8. Carry a state driver’s license or state personal identification
certificate if 17 years of age or older.

9. Fill out a Wildlife Resource Document to accompany any
part of a deer or turkey that is given to someone else.
10. Keep all game animals and game birds in edible condition
Last edited by RPB on Mon Dec 28, 2009 12:08 am, edited 13 times in total.
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Re: first scare while carrying

Post by RPB »

Dragonfighter, were you in that 1970s movie where rabbits attacked people, "The attack of the Killer Rabbits"?
or was it The Killer Rabbit of Caerbannog?????

Ok, I'll bite too ....... how/why?
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Re: first scare while carrying

Post by mctowalot »

re: the rabbit. I'm thinking it was a) a jackalope in heat, or
b) one of those British bunny's with "long, sharp fangs") - the kind that destroyed an entire Knight's posse back in the late 1970s. (I apologize if thats the type referenced above, the scene was so horrific I might have blocked out some of the facts) I can tell you that since that day, if I see a bunny's ears so much as twitch I go totally Elmer Fud on 'em.
On the plus side I've got a surplus of lucky keychains.
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Re: first scare while carrying

Post by PeteCamp »

I got charged by a "killer jackrabbit" whom I head-shot back in the 1970's. There were so many jackrabbits in West Texas that we hunted from the car with a spotlight almost every night. Shot one particularly large one right between the eyes with a 22LR rifle. He proceeded to charge the car full speed. I ducked inside and WHUMP, he hit the side of the car and dropped. Made a horrific mess - blood all over the side of that Dodge. :shock:

Sorry ... completely off topic. :oops:
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Re: first scare while carrying

Post by chabouk »

RPB wrote:Sheriff's Deputies, Constables,City Police Officer,Game Wardens, Rangers, and probationary Game Wardens are certified Peace officers. (. . .)
Their job is to write citations;
I thought the job of Peace Officers was to maintain the peace. It's a shame so many agencies and officer now consider themselves primarily law enforcement.
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Re: first scare while carrying

Post by 03Lightningrocks »

PeteCamp wrote:I got charged by a "killer jackrabbit" whom I head-shot back in the 1970's. There were so many jackrabbits in West Texas that we hunted from the car with a spotlight almost every night. Shot one particularly large one right between the eyes with a 22LR rifle. He proceeded to charge the car full speed. I ducked inside and WHUMP, he hit the side of the car and dropped. Made a horrific mess - blood all over the side of that Dodge. :shock:

Sorry ... completely off topic. :oops:

:smilelol5: :smilelol5: :smilelol5: :smilelol5:
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Re: first scare while carrying

Post by RPB »

chabouk wrote:
RPB wrote:Sheriff's Deputies, Constables,City Police Officer,Game Wardens, Rangers, and probationary Game Wardens are certified Peace officers. (. . .)
Their job is to write citations;
I thought the job of Peace Officers was to maintain the peace. It's a shame so many agencies and officer now consider themselves primarily law enforcement.
Yes, they are Texas Certified Peace Officrs, with full duties and powers to enforce the laws, they'll pull you over for running stop signs, red lights, driving too slowly on PUBLIC streets etc. They'll enforce BWI and DWI laws on public property.... and Game Wardens can enter private property "if we believe there is reason to" (sort of a broad "probable cause?"

http://www.statutes.legis.state.tx.us/S ... m/CR.2.htm" onclick="window.open(this.href);return false;
Art. 2.12. WHO ARE PEACE OFFICERS. (The one that gets me is the Dental Police)
Art. 2.13. DUTIES AND POWERS.

Art. 2.13. DUTIES AND POWERS.
(a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction.
To effect this purpose, the officer shall use all lawful means.
(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
(c) It is the duty of every officer to take possession of a child under Article 63.009(g).
----
Additionally, a peace officer may ask for a citizen's aid ( I know one CHL near Houston who was asked to draw and hold his gun on a suspect while the officer chased the other )

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.

Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.
-------

You would enjoy reading Texas Game Warden Field notes
Game Warden Field Notes http://www.tpwd.state.tx.us/newsmedia/r ... /?req=gwfn" onclick="window.open(this.href);return false;
or
"The Game Warden Blotter", some funny things reported there every month.

On Tuesday, Nov. 6 at approximately 12 a.m. Game Warden Zach Benge stopped a vehicle on FM 2022 on traffic violations and after conducting a probable cause search reportedly found approximately six ounces of a green leafy substance believed to be marijuana. The Houston County Sheriffs Office Narcotics Division was called to the scene to conduct an investigation.

Game warden run over during traffic stop near Newton
http://www.kfdm.com/news/warden-29049-a ... ounty.html" onclick="window.open(this.href);return false;

Gumshoe work leads to dumping charges: On Feb. 13, a Palo Pinto County game warden discovered paint cans that had been illegally dumped. Using the paint codes on the cans, game warden visited the paint store and found the owner’s name and address. After visiting with the resident, the game warden filed on the two subjects the home owner had hired to paint his house. Cases pending.

Orange County game warden to check a vehicle parked along an isolated county road in Vidor. Upon making contact with the driver, a crack pipe and hypodermic needle fell onto the roadway. A scuffle ensued, and the suspect jumped into a nearby swamp and fled into the woods after being pepper sprayed. Fortunately, the driver left his driver’s license and parole officer’s card in his vehicle. Two hours later the suspect returned to his residence where the game warden placed him under arrest for multiple violations, including tampering with physical evidence, resisting arrest, and evading arrest or detention

While patrolling Lake Newcastle, Young County Game Warden Brent Isom made contact with three people who were drinking beer along the bank. During the contact, one person ran into the brush. Another person had warrants for his arrest. The man with warrants was secured while a perimeter was set up to begin the search for the person who fled. Once the perimeter was set, a search ensued into the thick brush along the lake. A sheriff’s deputy with a tracking dog was assisted by Throckmorton County Game Warden Shea Guinn and Albany County Game Warden Brian Huckabee. They picked up the trail of the individual and pushed him out of the brush where Isom and Chief Deputy Carl McGee were waiting to make the arrest. The suspect had a history of armed robbery and ran because he thought he had outstanding arrest warrants. To his dismay, no warrants existed.

On Nov. 16, while inspecting a deer camp on the Louisiana state line, Marion County game wardens checked a Louisiana resident who had been filed on the previous year. After a short interview, the hunter was found to have another Texas resident license even though he was still a Louisiana resident (They'll compare hunting/Fishing Licenses with DRiver's Licenses to determine Residency)

On September 20th, two Travis County game wardens were patrolling Lady Bird Lake by kayak when they came across two subjects who were just breaking camp from a night’s stay on the shore. While approaching, the wardens noticed a stringer coming off of the end of the kayak beached on the shore. After a short discussion with the subjects, it was determined that neither had a current fishing license nor any identification. After checking the subjects through dispatch, it was discovered that one subject was wanted for failure to report for probation on a theft charge from Hays County. A check of the contents of the kayak revealed a .22-caliber Sig Sauer Pistol, several illegal knives and drug paraphernalia. The subjects were asked to collect their belongings and escorted upstream to a local park where both where cited and one was turned over to Austin PD and charged with possession of prohibited weapons and the outstanding warrant. The wardens went back to kayaking.
--------
My brother bought his house from a Game Warden and told me since a Game Warden can check your Ice chest, Live Well etc to see if you exceeded your daily limit on fish, or your freezer at your "final destination" (house) to see if you exceeded your possession limit, that other LE Agencies (who would need a search warrant) take a Game Warden along so they can get in your house to look in the freezer, while Sheriff/Police look around to see if anything else might be "in plain view" or smell funny and give them probable cause to obtain a search warrant. ( I don't believe that's true, but how broad is "if we believe there is reason to" )
---
One of the common myths about a game warden is that they do not need warrants to make arrests or enter private property.

Woolley said this is not entirely true. (note by editor: "only PARTLY true")

“As a game warden, the main difference between us and other peace officers is that we have the right to enter private land only if we believe there is reason to” he said.

In addition, game wardens do not have to have probable cause to pull over boaters, whereas land officers have to have justification to pull someone over.

Woolley has the ability to issue written citations ranging from Class C misdemeanors all the way up to felonies. He has full jurisdiction anywhere in the state and leans upon his fellow peace officers for assistance.
http://www.corsicanadailysun.com/cnhi/c ... 54452.html" onclick="window.open(this.href);return false;


A DPS Trooper or Game Warden, both Peace Officers with full Statewide jurisdiction, do not have to wait for an Independant School District Police Officer to show up in order to write tickets for speeding in school zones. (Nor should they have to when children's lives are endangered)

--------

My apologies to the OP for the unintentional redirection of this thread into Game Wardens and other LEO. Still glad it all worked out well for you. I may make a separate topic thread later, I have written responses from the Governor and some Governmental Agencies, just waiting until after some other Agencies I wrote to respond.

My point was intended to be, if a Game Warden ONLY asks to see your "license" can you be sure he is ONLY asking for a fishing license, if he says "Can I see your Fishing License" that's what I'd present, otherwise, if a Peace officer generically says "show me your license" if he is a Park Ranger or Game Warden, he might get 3 licenses (since TDL presentation necessitates CHL presentation) .... or, I guess one could ask "Which License?"

Again, sorry about that. Still glad it all worked out well for you.
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