duck hunting / lead shot

Wantabee · Mar 27, 2006

I know this is mostly big game and mule deer, but I have a buddy that just got a letter from the fish and game stating they are planning to take his hunting rights small and big game hunting, he has a chance to get a layer and appeal this action if he chooses.
The story is that the fish cop checked him while hunting ducks, he had no lead on him, but had some dead ducks, so the fish cop took the ducks, and a few weeks later gave him a ticket, said one of the ducks had lead in it. So to avoid layers, court, time off work, etc. he paid the ticket thought it was over. Then he just got this letter. I have a hard time thinking that just because if you did shoot a duck with lead that you would run a risk of getting all of your hunting privilages taken away.
I beleive that he was not meaning to shoot ducks with lead, he did not have any lead shot on him when he was checked. I just don't see this as being common or right. I am certain that he was not out to willfully destroy ducks recklessly.
Any thoughts on what he should do or comments would be great.
I do not beleive in shooting with lead, but I don't think this is a just action by the fish and game.
Thanks,

idhunters · Mar 27, 2006

Why don't you tell us "the rest of the story". You know, like why would a fish cop take the ducks? Especially if there was no other problems? How did the fish cop prove that your friend was the one shooting lead? Is it possible that duck was wounded with lead prior to your buddy killing it? Why did your buddy pay a ticket if he didn't do it? I have a hard time believing anyone would pay a ticket just to avoid the "layers" (I assume you mean lawyers?.

Story just doesn't make sense. Do all the fish cops in your area confiscate ducks just to find lead shot in them? That must keep them pretty busy.

I would also think that any punishment would have to be disclosed prior to him paying or pleading guilty.

Good luck to your bud, sounds like he needs it.

Bambistew · Mar 27, 2006

Sounds like there is more to the story...

JACKELOPE · Mar 27, 2006

right...waiting on the remainder of the story...like why the ducks were confiscated in the first place. i have been checked duck hunting a few times and never just randomly heard of officers taking them just because.

B_F_E · Mar 27, 2006

To your original question, should it be such a grievous offense as to merit losing all hunting privileges, not in my book, but in my book ducks are insidious vermin.

eelgrass · Mar 27, 2006

The warden must have had some suspision your buddy was using lead to confiscate his duck(s). In my opinion he should have fought it from the beginning.

However if the only shot found in the duck was lead your buddy is in a bad way. If there was lead AND non-toxic shot, he would have had a case that someone else crippled it first.

For how long will he lose his hunting priveleges? At this point a lawyer may be able to fight that part of it successfully, but as you know lawyers aren't cheap!

Good luck to your friend.

Steve

RACKMASTER · Mar 27, 2006

FORGET IT!
If not cited upon conficating the ducks IT WILL BE THROWN OUT!
THIS WHOLE THING STINKS...... and unbeleiveable!!!
I don't know where BUT in California use lead is almost an death sentance... Wardens have swob kits(for bore to see if their lead residue),and a keen sense of hearing lead is loud.. and most active waterfowlers I know can hear the differance!
I feel if your cought shooting lead they will take your gun,birds(maybe your quad,deeks, waders) and cite you period...... never would they say
I am gonna get back to you!
Maybe your buddy has it wrong or mixed up..!
JUST DON'T SEE IT HAPPEN!
RM

Wantabee · Mar 28, 2006

Yea there is more to the story. Thanks, for your responces. Sorry I do not spell the best and type even worse. I did not have time to tell all the story and still may not be able to.
A few years ago my buddy "Jack" we will call him has a brother "Jim" that shot a elk the same fish cop went after him for poaching, there is a family history of their uncle and fish and game. I think there is a personal thing but can not prove it. Anyway Jim shot the elk on public ground and the bull ran on to a CWMU 223 yards the fish cop said no way and they met at the site and everything was explained the fish cop said don't worry, then a year and a half latter Jim is being conficted of a felony for poaching. Jim got a layer and fought it. He ended up setting before trial due to cost. The settlement with lawyer fees, cost thousands of dollars. The fish and game after the settlement came back and took Jim's hunting rights for 10 years.
So everytime the fish cop runs into these guys (Jack and his family) it is like they are guilty before anything can be said. With the duck, the fish cop had Jack go back to where he walked and was shooting ducks looking to find lead. Jack complied and they found nothing, I do not know what suspision that the fish cop had, that Jack was shooting lead. The fish cop checked every shell he had, said he wanted the ducks, Jack thought fine take them. Did not think lead was an issue.
Jack got the ticket and thought what a jerk. Desided to pay the ticket, 100.00 ticket thought it would go away or thousands of dollars in court to get off????????? what would you do ?????? ROCK OR HARD SPOT. Question that I have is this common? Are they being targeted? Is this leagal? And what would you do?
I am not writing this to get sympathy or to take thier side, I honesty would like input on the issue.
I do not know what you can do about the behavior of this fish cop. I do not agree with his actions.
On the exact case of lead, the choices I see is the duck could have been shot before or Jack could have had a lead shot mixed in his steel and it happened to shoot a duck with it, or he has been framed. Jack should have stayed with the fish cop when he disected the ducks.
Thanks,
This is on my mind and I do enjoy your thought and input even if I do not agree with then all.
Makes me feel like not hunting because of fear of doing something wrong and not meaning to or knowing it.

RACKMASTER · Mar 28, 2006

fish and game in CA does not do court! its panel with at lease one civilion the rest are wardens or judges! I would fight it!
rm

Califelkslayer · Mar 28, 2006

I don't know about that. About 18-20 years ago i got cited on a waterfowl refuge for possession of too many shells. I went to court in Colusa Co. The fine was only $60.00 but he was wrong. The Game Warden cited me because I had 5 ducks, 18 shells and about 20 empties. This was when lead was still legal but they had a limit of 25 shells on the refuge to keep down sky bustin. I explained to the judge that i picked up empties to reload and he dismissed the charges.