Colorado legal question

[deplorable]

This is completely wrong. I get where your coming form though. Most of our laws are written to tell us what we can't do, i.e., you can murder someone, you can't run a red light... The fish and wildlife regulations in every state, to my knowledge, and the federal F&W regulations are written in a manner that tells us what we can do, anything outside that is illegal, i.e., method of take. In the case of F&W laws, the burden of proof is primarily on the hunter. these laws are Prima Facie, meaning a fact presumed to be true unless disproved. Keep in mind that it says presumed, not assumed, there is a big difference there. So if your seen in the woods, carrying a weapon, a warden can legally presume you are hunting, and it is up to YOU to convince him/her that you are acting legally. Prima Facie is why a warden has the legal right to search you, your vehicle, your camp, even your home, without a warrant. Now this comes with good reason. in crimes on people, there is generally a complainant/witness. In crimes on animals, there is not; thus the needed latitude for wardens versus cops.


We are talking hunting, and hunting has a specific definition. That definition is not to shoot, it generally talks about pursuing game, in every state; so be careful with you view of hunting. So if your done hunting, and still want to carry a weapon, you may want to be sure to separate the ammo from the gun, even remove the bolt. In doing this, you are clearly meeting YOUR burden of proof.

It's not completely wrong.

A GW can certainly write the ticket, but when you get to court in front of the judge, he is going to have to provide evidence that you were actually breaking the law. Not just his opinion that he figures you were. The problem is most folks are either guilty, or the ones that aren't just pay the fine instead of messing with fighting the ticket.

Yes, game and fish laws define what you can do. But that doesn't mean that you can't carry legally a gun in the woods outside of a hunting season. Unless of course you are in an area with a specific regulation that says you can't.

And a game warden cannot search your home (unless you consent) with a search warrant. If he watched you shoot a deer illegally and followed you home, sure that different. If someone called and made a complaint, and he just shows up at your house and walks in without consent? Illegal.

I know a sheriff deputy that will not allow a GW to search his boat if the GW is just waiting at the ramp. He does it just to prove a point. The GW walks up and always asks - can I check your boat? Livewell? Why do they ask? To be polite. Generally not. To get consent which most us just politely give. Anyway, the warden usually says something along the lines of he has a right to search. The reply is always - not without a warrant. GW says he doesn't need a warrant you were fishing because you have fishing rods. Sheriff then asks, did you see me fishing? Do you have proof I was fishing, because those poles are always in this boat. It always end with the GW not getting his way, because he has no proof to justify his search. And the sheriff never discloses he is a law enforcement officer. He does it to prove a point, and he does.

I do completely agree with you. Don't be stupid and make it easy for the GW.

All this is good stuff. But I'd love to see the situations and specific questions I mentioned above answered by someone.

 

[Bar]

Let me guess. You're voting for Trump? LOL You fit right in and took the right name.

Before you're done everybody will be wrong.

 

[LongWayAround]

Yes, it's called "rifle season". Lots of stipulations during the rifle seasons. I'm quire sure if we had a dedicated pistol season and you were walking around the woods with your pistol, they'd also assume you were pistol hunting. Just best to stay out of the woods with your rifle during the rifle seasons if you don't have a tag or you have a filled tag. Just too many poachers and douche bags running around these days.

Here's an example........my buddy and I got back to camp one afternoon this year two days before ML season started. There's a vehicle parked at the TH and we look up on the mountain and see orange sitting over this meadow area. I pull out the bino's and confirm that it is indeed some guy sitting there with his back against a rock. So I pulled out the spotting scope to dial him in just to see if he had his ML with him. Even as a citizen, I find that scenario to be very suspicious. As soon as I got the scope out and ready to look......he's suddenly not in view anymore and behind the rocks. I find that even more suspicious. Never saw him again.

I would assume he was rifle bear hunting.

 

[Mark]

Make friends? You are here on a message to make friends? Do you use online dating sites too? Some folks are desperate.

And others, whether it's their real life or their online persona, are indeed deplorable people.

 

[deplorable]

Let me guess. You're voting for Trump? LOL You fit right in and took the right name.

Before you're done everybody will be wrong.

Haven't decided, but it won't be Hillary.

Yeah that happens sometimes.

I thought you were gone? Just can't bring yourself to move on?

 

[deplorable]

And others, whether it's their real life or their online persona, are indeed deplorable people.

Touché?

I guess the alternative would be a democrat.

 

[bowieknife50]

What happened?

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[Bubblehide]

It's not completely wrong.

A GW can certainly write the ticket, but when you get to court in front of the judge, he is going to have to provide evidence that you were actually breaking the law. Not just his opinion that he figures you were. The problem is most folks are either guilty, or the ones that aren't just pay the fine instead of messing with fighting the ticket.

Yes, game and fish laws define what you can do. But that doesn't mean that you can't carry legally a gun in the woods outside of a hunting season. Unless of course you are in an area with a specific regulation that says you can't.

And a game warden cannot search your home (unless you consent) with a search warrant. If he watched you shoot a deer illegally and followed you home, sure that different. If someone called and made a complaint, and he just shows up at your house and walks in without consent? Illegal.

I know a sheriff deputy that will not allow a GW to search his boat if the GW is just waiting at the ramp. He does it just to prove a point. The GW walks up and always asks - can I check your boat? Livewell? Why do they ask? To be polite. Generally not. To get consent which most us just politely give. Anyway, the warden usually says something along the lines of he has a right to search. The reply is always - not without a warrant. GW says he doesn't need a warrant you were fishing because you have fishing rods. Sheriff then asks, did you see me fishing? Do you have proof I was fishing, because those poles are always in this boat. It always end with the GW not getting his way, because he has no proof to justify his search. And the sheriff never discloses he is a law enforcement officer. He does it to prove a point, and he does.

I do completely agree with you. Don't be stupid and make it easy for the GW.

All this is good stuff. But I'd love to see the situations and specific questions I mentioned above answered by someone.

Okay, so you clearly didn't understand my post. I'll try and clarify for you. Assumption, it means coming to a conclusion without any evidence. Presumption, it means coming to a conclusion with supporting evidence. As such, unlike your possibly very misguided cop buddy, a warden, state or federal, has the authority of search and seizure without a warrant, as long as they are making a presumption. So, if your cop buddy pulls into the boat ramp/dock and has fishing poles, fishing gear, or hunting gear visible, the warden does not have any legal need to ask to search your deputy buddies boat, person, vehicle.... As far as the home goes, again, if presumptions are made (evidence based), a warrant is not necessary. For example, a witness reports seeing you poaching several deer, and reports that you loaded them into your vehicle and drove off. The witness also reports your plate number. The warden drives to the scene and finds a few gut piles. The warden need not obtain a warrant to search you, your vehicle, or your home. Granted, a cop, deputy, city, county or state, does not have those same search option under the law. So in short, if in fact your deputy buddy is fishing or hunting on his boat, the warden has every right to search it, even if your deputy buddy protests. Frankly, I think your deputy buddy better take a look at the game laws and the added search rights wardens have before he finds himself wearing a pair a cuffs.

 

[tipsntails7]

It's not completely wrong.

A GW can certainly write the ticket, but when you get to court in front of the judge, he is going to have to provide evidence that you were actually breaking the law. Not just his opinion that he figures you were. The problem is most folks are either guilty, or the ones that aren't just pay the fine instead of messing with fighting the ticket.

Yes, game and fish laws define what you can do. But that doesn't mean that you can't carry legally a gun in the woods outside of a hunting season. Unless of course you are in an area with a specific regulation that says you can't.

And a game warden cannot search your home (unless you consent) with a search warrant. If he watched you shoot a deer illegally and followed you home, sure that different. If someone called and made a complaint, and he just shows up at your house and walks in without consent? Illegal.

I know a sheriff deputy that will not allow a GW to search his boat if the GW is just waiting at the ramp. He does it just to prove a point. The GW walks up and always asks - can I check your boat? Livewell? Why do they ask? To be polite. Generally not. To get consent which most us just politely give. Anyway, the warden usually says something along the lines of he has a right to search. The reply is always - not without a warrant. GW says he doesn't need a warrant you were fishing because you have fishing rods. Sheriff then asks, did you see me fishing? Do you have proof I was fishing, because those poles are always in this boat. It always end with the GW not getting his way, because he has no proof to justify his search. And the sheriff never discloses he is a law enforcement officer. He does it to prove a point, and he does.

I do completely agree with you. Don't be stupid and make it easy for the GW.

All this is good stuff. But I'd love to see the situations and specific questions I mentioned above answered by someone.

I'm not sure what your deal is, but people on this thread have been doing their best to give good advice. Your "buddy" sounds like a dick and a dumbass, and your making yourself look like an ass. DO WHAT YOU WANT.... just don't give anyone any legal advice...


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[armadillo66]

so prairie dog vaporization with 55gr bullets in my 243 is illegal when deer, pronghorn or elk seasons are in session?
good to know

 

[Bar]

Haven't decided, but it won't be Hillary.

Yeah that happens sometimes.

I thought you were gone? Just can't bring yourself to move on?

I decided to not let some jerk off make me leave when I can stay and help those who don't think they know it all.

 

[nflesher]

There are literally so many laws, you are guilty of something if the officer wants you to be. We have let our government get so big and government overreach is totally out of control. Eventually people will wake up and "fix" whats wrong with this country.

 

[pods8 (Rugged Stitching)]

so prairie dog vaporization with 55gr bullets in my 243 is illegal when deer, pronghorn or elk seasons are in session?
good to know

West of I25 yes. I believe its still okay on the plains but the regulations are there to check since I can't say my memory is 100%.

 

[5MilesBack]

Eventually people will wake up and "fix" whats wrong with this country.

No they won't. Because what's wrong with our country is that the "majority" of it is comfortable living in their ignorant incoherent bliss. They don't even know anything is wrong with the country. Just listen to Hillary.......she thinks it's the greatest it's ever been right now.

 

[Bar]

No, it's not great now, but still better than other countries. You want to see how bad it can get? Elect Trump.

 

[realunlucky]

Crazy witch or moron yep things are going to get worse

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[chindits]

I've left my bow in camp, I've left my rifle in camp, I have left my ML in camp. I camp in the backcountry well off trail. Your greatest risk of loosing your hunting weapon of choice due to theft is in the so called "front country": trailheads, road camps, and vehicles. I've taken reports of hunting camps cleaned out where someone just drove a truck up to their camp and loaded up while they were out hunting. Most thieves are lazy, so don't make it easy for them by camping close to roads.

So to answer the original post, no I wouldn't shoot someone else's wounded animal if I had filled my tag already. No I wouldn't carry my hunting weapon with me if I had filled my tag and was out helping my buddies. I wouldn't even carry a small bore gun in the area my buddies are hunting because I have no intentions of shooting guns while my buddies are still trying to fill their tags. Now I would carry optics, so I could provide my buddies with the best information possible to fill their tags. Because when we all get back to camp at night, we share information and strive for success. Which is why we talk about hunting and not politics, or religion, or each others salaries. I wish you good luck on your hunt and hopefully everyone will make a clean and ethical harvest.

 

[5MilesBack]

You want to see how bad it can get? Elect Trump.

The greatest threat to our country "besides our moronic citizens", is the liberal's interpretation of our Constitution. Elect Hillary and we get the greatest erosion to our once fine Constitution that we've ever seen. And at that point, we are no longer circling the drain as a nation........we're in the sewer. I can't possibly fathom how it could get worse than that as a nation.

 

[pods8 (Rugged Stitching)]

I've taken reports of hunting camps cleaned out where someone just drove a truck up to their camp and loaded up while they were out hunting. Most thieves are lazy, so don't make it easy for them by camping close to roads.

I've always thought it very ballsy for thieves to rip off a hunting camp, you know steal from folks that are armed that could possibly be in view of them w/o them knowing it... Then again people are idiots.

 

[AdamW]

I've always thought it very ballsy for thieves to rip off a hunting camp, you know steal from folks that are armed that could possibly be in view of them w/o them knowing it... Then again people are idiots.

Getting this train wreck somewhat back on topic, a guy on a Missouri hunting forum had this very thing happen to him last year in CO. Took his whole camp.