License Fraud help!

Leroy2021

FNG
Joined
May 30, 2024
Messages
1
I’m new here and would love to pick your collective brains on an issue I just ran into.

I recently received a phone call from an idaho game warden who informed me that for the past two years I have committed license fraud. Since he is not in the same location as me, he is sending the citation (or whatever paperwork it is to my closest court, over the Washington border)

So, tons of questions on this! First, after he explained the rules regarding in-state license requirements, it does indeed appear that I broke the rules, although entirely unintentionally. My wife and I have lived a very transient life for the past four years, holding jobs and attending college in multiple different states, although we have always retained our Idaho residency. Since we were living in a converted school bus and never were in the same state for longer than a semester of school (roughly 4-5 months) it made sense to keep Idaho residency as it was always where we returned to.

In 2022 we moved to the Palouse to finish out college degrees. My father in law purchased us a fixer upper house on the Washington side of the Washington/Idaho border, with the intent that we would make improvements while in school, and sell after graduation. This house is in my wife and I’s name (for tax reasons for him) but in all reality we don’t consider it a permanent residence, rather a business endeavor while in school, with the intention of heading back to central idaho upon graduation.

I attended college at the University of Idaho for the 2022-2023 time frame, paying in state tuition. I have kept my Idaho doctor, Idaho banks, Idaho drivers license, the truck I had at the time was registered in Idaho and I’m still registered to vote in Idaho. Both my wife’s car and our school bus/schoolie are registered in Idaho. I work for a local contractor (based in Washington) doing construction in both Idaho and Washington, a pretty close 50/50, and often do under the table construction projects in Idaho on the side.

To the best of my understanding, what I’ve been charged with is license fraud, buying in-state licenses and tags in Idaho while in reality being a non resident, although I have yet to see the citation. I was told I would owe restitution (out of state prices for all tags I purchased+potential fines+potential license revocation).

I purchased the following licenses and tags as an idaho resident. Grouped tags where purchased together.

2022: (combo license, turkey tag, depredation fee), (upland game permit), (elk tag, deer tag)

2023: (combo license, 2 turkey tags, dep fee), (archery permit, elk tag, deer tag), (upland game permit)

While having purchased all these tags, I was extremely busy with work and school, and ultimately only hunted 1 day for deer in 2022, and two days for elk in 2023. During both of these excursions I encountered fish and game officers, was friendly and compliant, and explained my situation. In both cases I was told that it was a confusing situation, that I wasn’t going to get a ticket, and that if I was in school in Idaho as a resident I was probably okay. I did not purchase a license or tags for 2024 based off this info, because I am not currently enrolled in school, and my residency is even more confusing than before.

So, questions:

-does having broken the rule unintentionally help me in any way?

-If a person moves from state A to state B, and is now not a resident of state A, but also has not lived in state B for the required 6 months, are they out of luck for purchasing a tag, or does old residency last until new residency is in effect?

-does the fact that I barely used these tags, and harvested no game during these seasons effect anything?

-will things be better or worse doing this in a Washington court, when it is an Idaho issue? I don’t see any reason we couldn’t do this in Idaho, as I live on the border and either court is a similar drive. (Wondering if the game warden is trying to make a point by having this take place in Washington?)

-if time is split between states, such as is often the case with border towns, are these things purely based off where you own a house, or is it more grey than that? I know you can file taxes as a dual resident.

-what is your best advice on how to proceed, or ideas on what this process will look like?

-would these charges be for every tag purchased, or every time a purchase of tags was made? (Tags were bought together, 2-3 per purchase)

-is there anything that I can do that will have any influence over the outcome of this, or are the penalties set in stone?

-likelyhood I’ll lose my hunting license?

Ultimately I realize that I made a mistake in a situation that I’ve been confused about in lots of ways. It seems fair to me that regardless of whether it was known or not, I would have to pay restitution for the out of state tag prices for the tags I actually pursued or used (1 deer tag, 1 elk tag and licenses). But it seems unfair that I would have to pay restitution on tags that I never went hunting with. I have always purchased lots of tags, regardless if I planned on going hunting for that season or not, just to have in case I had an opportunity to go, and because it helps support fish and game. These tags that I did not hunt would not have been purchased if I had been paying out of state prices, and I would have instead only bought tags I had a concrete plan to actually use. Fines on top of this seem like to much to me, but we’ll see how that goes.

My main concern of course is losing my ability to hunt, even for a year. I’ll happily pay whatever fines I need to in order be able to do that. Any thoughts on what would influence whether or not I lose my license? I’ve always abided by fish and game rules, and have purchased tags every year for the past 10 years. Now that I realize I was breaking a rule, I am horrified and am more than happy to buy tags at out of state price in future.
 

JNDEER

WKR
Joined
May 2, 2012
Messages
1,591
-No
-Out of luck. Each state has their definition of what constitutes a resident.
-Likely note, but possibly depending on the Judge.
-No idea
-Have your day in court, best advice and explain your side.
-The law will dictate how the charges will be filed.
-Show up in court. Be professional. Accept your error (intentional or not).
-I wouldn't think so.

Best of luck!
 

Erict

WKR
Joined
Jun 28, 2020
Messages
691
Location
near Albany, NY
For most people, their hunting license "residency" is based on their "domicile". Read up on the difference but know that every state defines it slightly differently. In NY, they state "Land ownership in New York does not make you a resident. Residency is that place where a person maintains a fixed, permanent and principal home (regardless of where temporarily located)."

Your explanation of handling things in Washington for alleged violations in Idaho make no sense. You should be entitled to your day in court (or an administrative hearing) in Idaho. Maybe you agreed to a settlement already?

PS - during said time, you don't mention whether you also bought Washington resident licenses.
 
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Joined
Dec 30, 2014
Messages
9,937
Every state i've hunted in clearly defines residency requirements for purchasing resident licenses, read them if you have questions. Your physical permanent residence address is important. Having an in-state drivers license doesn't mean dick if the address on said driver's license isn't where you actually live. If you have a drivers license with an address that you don't currently live at, you're probably not abiding by the requirements of having your drivers license updated.


In my years after college I was in a similar situation with frequent relocations (the basis of my forum name) and I was sought for similar charges by the ND game and fish. I had relocated for work to 6 different states in 2 years but maintained permanent residency in ND. My furniture and belongings were actually at that physical residence owned by my friend who I had rented a room from for my last year in college. I paid taxes in ND for income earned in TX (because of no state income tax). I had hunting in fishing licenses in at least 3 other states at the time, all as a NR. There was no reasonable alternative for a place that I could have considered a permanent residence at the time. Because of that, the fact i could prove i wasn't double dipping on residency with other state wildlife agencies, and maybe a little because I called a college buddy who was a warden in a different area who understood my unique situation, they dropped the charges.

It seems you're pretty well cooked in terms of breaking the law. Definitely consult a lawyer. My guess is your best bet for leniency is convincing the right person that there was no intentional gaming of the system going on. I guess a guy who's buying resident licenses in multiple states, killing animals in them, and obviously intentionally gaming the system is going to be treated more harshly than someone who accidentally bought the wrong classification in one state and didn't put much effort into it.

Also, mentioning your under the table construction work and misleading names on the deed of a house for tax purposes probably isn't helpful. ;)

Edit to add: If you don't have a residence in ID, how do you have legitimate drivers license, vehicle registrations, and voter registration there? Seems like those facts only open you up to more infractions..
 
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TaperPin

WKR
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You probably took the residency advice of an ex coworker of mine that’s always on the bus conversion forums - he’s an idiot who doesn’t think laws apply to him, and will eventually be in hot water as well. This is a good topic that every young adult (or those acting like one) needs to learn eventually - western game laws actually have teeth, and the computer age makes cross checking a number of things so easy it’s ridiculous.
 
Joined
Apr 8, 2019
Messages
1,995
Dude, you seriously can't be this naive? You and your wife's name are on a house in another state and you are trying to claim residency in another state?
Guilty
I own homes/property in 3 different states, none of then are our primary residence....We are considered absentee landowners owners in those states by DNR/F&G and I must buy NR tags...Just be cause he owns property in another state doesn't make him guilty.
 

Snowwolfe

Lil-Rokslider
Joined
Jun 28, 2016
Messages
278
Location
Alaska
I own homes/property in 3 different states, none of then are our primary residence....We are considered absentee landowners owners in those states by DNR/F&G and I must buy NR tags...Just be cause he owns property in another state doesn't make him guilty.
It sure does if he lives at this house as he implies
 
Joined
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Messages
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Location
New Orleans, La.
I own homes/property in 3 different states, none of then are our primary residence....We are considered absentee landowners owners in those states by DNR/F&G and I must buy NR tags...Just be cause he owns property in another state doesn't make him guilty.
I think that since he DOESN'T domicile in the state and make it his primary residence might be the problem. You say you buy NR tags for that reason. Perhaps he should too, unless I misunderstood his first post.
Depending on his Driver's License state, his vehicle registration state, and if he claims homestead exemption (but on a housebus?), where he is registered to vote, etc might be part of his defense, or his conviction in this case.
 
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