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Author Topic: Trespassing  (Read 3324 times)
cward
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« on: February 21, 2013, 11:46:40 am »

Trespass is not a game law. If someone has any legit law on this I would like to see it. Trespassing is under the penal code. Getting a trespassing ticket is no different than getting a speeding ticket. But i would like to see proof that it is a game.law.
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halfbreed
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« Reply #1 on: February 21, 2013, 12:08:12 pm »

  for what state ?
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JRyanS
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« Reply #2 on: February 21, 2013, 12:18:01 pm »

When it comes to "Hunting", I believe it would be Hunting in a Restricted area.
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cantexduck
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« Reply #3 on: February 21, 2013, 12:25:35 pm »

http://www.tpwd.state.tx.us/regulations/fish_hunt/general_law.phtml


Penal code covers it but Texas Parks and wildlife can and will enforce it  . So yes it is a game law.  if you cut into my high fence and shoot an axis you will loose your hunting license,game law , and be charged with trespassing , criminal, and then sued in court , civil.
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toyotatodd
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« Reply #4 on: February 21, 2013, 12:26:09 pm »

What if the property you are tresspassing ons owner sell hunts on the property?  Think it also depends if you have a firearm on some property.  I know Florida you have to have written owners consent before hunting.
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cantexduck
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« Reply #5 on: February 21, 2013, 12:34:48 pm »

To add.

    Few years ago they have ownership of hog to who ever owned the land it was on. I am not sure what the point of that was but they did.


 This falls under the same category that cut up dogs do for me. If it happens then keep it OK the down low. Telling people that you will follow your dogs no matter what is horrible for our image.
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T-Bob Parker
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« Reply #6 on: February 21, 2013, 12:35:34 pm »

http://www.tpwd.state.tx.us/regulations/fish_hunt/general_law.phtml


Penal code covers it but Texas Parks and wildlife can and will enforce it  . So yes it is a game law.  if you cut into my high fence and shoot an axis you will loose your hunting license,game law , and be charged with trespassing , criminal, and then sued in court , civil.

Texas parks and wildlife can and does also deal with folks who are speeding, and drinking from glass bottles in state parks, so does that make those "game Laws" too?
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cward
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« Reply #7 on: February 21, 2013, 12:36:51 pm »

Cantex the reason I ask is the gamewarden says it is,not a game law.  Thats why it is ask!
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« Reply #8 on: February 21, 2013, 12:43:35 pm »

  lol the game wardens have more power than the county sherriff or us marshals , even the F B I  has to have a warrent to search your vehical but not the wardens  . if they can't arrest you for it they will hold you there till someone that can shows up . i guess that is why alot of them have that holyer than god aditude  lol
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toyotatodd
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« Reply #9 on: February 21, 2013, 12:46:47 pm »

I know around here where I live, it aint uncommon at all to get different answers from different wardens.  Bout the biggest PITA to get straight answers from majority of em.
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charles
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« Reply #10 on: February 21, 2013, 12:48:21 pm »

NO, trespassing is NOT a game violation, but enforced by game officials, thats why it under the PENAL CODE. It dont matter who enforces it, it goes off what code it is written it. Simple cut n dry
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charles
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« Reply #11 on: February 21, 2013, 12:52:36 pm »

http://www.tpwd.state.tx.us/regulations/fish_hunt/general_law.phtml


Penal code covers it but Texas Parks and wildlife can and will enforce it  . So yes it is a game law.  if you cut into my high fence and shoot an axis you will loose your hunting license,game law , and be charged with trespassing , criminal, and then sued in court , civil.

Texas parks and wildlife can and does also deal with folks who are speeding, and drinking from glass bottles in state parks, so does that make those "game Laws" too?

Thank you t-bob, u made an execelent rebutal statement n a true statement at that
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cantexduck
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« Reply #12 on: February 21, 2013, 12:54:03 pm »

Gamewarden still has to have probable cause same as any other.


  Chance , I see your point. Hunting on private property with out permission has to be in a game law some where.
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leifbarnes
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« Reply #13 on: February 21, 2013, 12:56:37 pm »


  Chance , I see your point. Hunting on private property with out permission has to be in a game law some where.

I cant find it.  All the research goes back to penal code.
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« Reply #14 on: February 21, 2013, 01:01:35 pm »

 Most laws go back to a penal code. So sounds like someone needs to define game law.
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cantexduck
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« Reply #15 on: February 21, 2013, 01:04:41 pm »

Would it not fall under poaching ?
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AnthonyB
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« Reply #16 on: February 21, 2013, 01:08:14 pm »

I think it goes on a case by case basis. Though trespassing may or may not be a direct "game law", wardens can use discretion just like any other officer. If you are stopped by a warden hunting somewhere you aren't supposed to be a warden can give you a ticket for trespassing and hunting or taking game without permission. He or she can use their discretion and give you a ticket for everything you are doing wrong or be more lenient and just give you one for a lesser offense. It's no different than when you get stopped for speeding and the officer gives you a ticket for an inspection or registration sticker instead. You were still ticketed, just for a cheaper and lesser offense. So, as far as hunting, if you are actively hunting and you get stopped by a warden and get a ticket for trespassing, you were hunting somewhere you weren't supposed to be, and hunting involves game, and to me that puts that violation in the "game law" category.
Anthony
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cantexduck
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« Reply #17 on: February 21, 2013, 01:11:47 pm »

Section 61.022(a) of the Texas Parks and Wildlife Code, a person may not hunt, catch or possess a wildlife resource at  any time or place without the consent of the landowner.
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cantexduck
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« Reply #18 on: February 21, 2013, 01:14:30 pm »

 That should clear it up. So yes it is covered in a game law.
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cward
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« Reply #19 on: February 21, 2013, 01:20:35 pm »

Ok what if you get a ticket But not proven guilty in the court of law.
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Remember John Wayne was just an actor the real cowboys is who he looked up to..........
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