Fined and ticketed while Hunting. Help?

[Hahn]

So me and a buddy were deer hunting yesterday at Battelle/Darby Metro park. Had been hunting all morning and made our way down to 665 where we proceeded to unload our shells from the shotguns since we was going to walk along 665 to meet some buddies up the road. While walking we get stopped by a Park Ranger who started out pretty cool and just talking with us about the deer season, etc. Then he asked to see our hunting licenses which checked out, then proceeded to check our guns for plugs in the magazines so it holds no more than 3 shells. I was good, but my buddy has some cheap knockoff brand pump, and we had put a plug in there the week prior but he took it out while cleaning it and didnt replace it (not knowing better). So the ranger checked it and it held 6 shells since his plug was missing. My buddy got a ticket/fine for $100 and labled as a 3rd degree misdemeanor. Now i know hes in the wrong and maybe even me since i shouldve double checked him, but is there any way around this since 1, we was walking and not technically hunting and 2 the gun wasnt even loaded. Just looking for personal opinions/advice and just ranting i guess. I know the Ranger has a job to do, but it is a pretty dumb law and a dick move knowing this was my buddys first time out hunting and wouldnt cut him some slack even after we made a plug for the gun on sight.

[dakotart]

You could try to fight it and claim that you were not hunting at the time, but in reality, he was hunting illegally and lucky that all he got was a $100 fine.

 

I suggest reading the hunting regulations every year.

http://www.ohiodnr.com/wildlife/dow/regulations/hunting_deer.aspx

[Hahn]

You could try to fight it and claim that you were not hunting at the time, but in reality, he was hunting illegally and lucky that all he got was a $100 fine.

 

I suggest reading the hunting regulations every year.

http://www.ohiodnr.com/wildlife/dow/regulations/hunting_deer.aspx

 

I read it, he has yet to read that or take the hunter safety class. Just wondering if there was anyway around it. But even if he takes it to court it wins, he still has an $80 court cost, so sounds like lose, lose regardless.

[99ta]

you could go to court on the date and plead no contest and hope the judge understands.

[LJ]

"Actively hunting" is when you get out of your vehicle with your weapon uncased and are looking for game.

[dakotart]

I read it, he has yet to read that or take the hunter safety class. Just wondering if there was anyway around it. But even if he takes it to court it wins, he still has an $80 court cost, so sounds like lose, lose regardless.

 

Did he have an apprentice hunting license? That may help your case.

[LJ]

I read it, he has yet to read that or take the hunter safety class. Just wondering if there was anyway around it. But even if he takes it to court it wins, he still has an $80 court cost, so sounds like lose, lose regardless.

 

So did he have an apprentice hunting license?

[Jewtoys]

Go vegan

[Hahn]

you could go to court on the date and plead no contest and hope the judge understands.

 

But wouldnt there still be court costs?

 

"Actively hunting" is when you get out of your vehicle with your weapon uncased and are looking for game.

 

True, just wondering since it wasnt loaded if he could say he wasnt "actually hunting".

 

Did he have an apprentice hunting license? That may help your case.

 

Yes he has an apprentice hunting license. How will this help his case? Pitty for being naive?

[dakotart]

 

 

Yes he has an apprentice hunting license. How will this help his case? Pitty for being naive?

 

Perhaps it can help get it reduced/dropped. Talk to the prosecutor. And have him read the regulations.

[LJ]

Perhaps it can help get it reduced/dropped. Talk to the prosecutor. And have him read the regulations.

 

Also have him complete the online portion of the hunter safety course and have the classroom portion scheduled

[dakotart]

Also have him complete the online portion of the hunter safety course and have the classroom portion scheduled

 

I did the home study of the course. Read all of the chapters, took the home quiz and scheduled the "class". The instructor went though the material and kept saying "you'll need to know this, and this, and this" and then passed out the test. Completed in about 15 min.

[LJ]

I did the home study of the course. Read all of the chapters, took the home quiz and scheduled the "class". The instructor went though the material and kept saying "you'll need to know this, and this, and this" and then passed out the test. Completed in about 15 min.

 

I took mine so long ago. All I remember is that it was a 12 hour marathon class and we had giant 24" PJs pizzas for lunch

[Mojoe]

HUNTING means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds while employing any device commonly used to kill or wound wild birds or wild quadrupeds whether such acts result in such killing or wounding or not. It includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds.

I think you may have been walked into admitting you were coming from hunting and heading from point A to B. With that he got you on hunting without the plug.

If this is NOT what happen, I'd be splitting that hair and go to court. You weren't "hunting", by the states definition, when he talked to you. But, if you said you had been, which is likely, you might not have much of a point to make.

[Hahn]

Perhaps it can help get it reduced/dropped. Talk to the prosecutor. And have him read the regulations.

 

Ill pass this along. Thanks.

 

Also have him complete the online portion of the hunter safety course and have the classroom portion scheduled

 

I didnt even know there was an online version. Thought it was just one long ass class day. Ill let him know though. Thanks.

 

HUNTING means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds while employing any device commonly used to kill or wound wild birds or wild quadrupeds whether such acts result in such killing or wounding or not. It includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds.

I think you may have been walked into admitting you were coming from hunting and heading from point A to B. With that he got you on hunting without the plug.

If this is NOT what happen, I'd be splitting that hair and go to court. You weren't "hunting", by the states definition, when he talked to you. But, if you said you had been, which is likely, you might not have much of a point to make.

 

This is what i thought. I think we did say we was hunting though. But either way, might be worth it if he decides to take it to court.

 

Thanks for all the input fellas, ill pass it along and see what he wants to do.

[LJ]

HUNTING means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds while employing any device commonly used to kill or wound wild birds or wild quadrupeds whether such acts result in such killing or wounding or not. It includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds.

I think you may have been walked into admitting you were coming from hunting and heading from point A to B. With that he got you on hunting without the plug.

If this is NOT what happen, I'd be splitting that hair and go to court. You weren't "hunting", by the states definition, when he talked to you. But, if you said you had been, which is likely, you might not have much of a point to make.

 

Walking down the road in orange with a gun and slugs during gun season = hunting. Everything else is closed during gun week

[Mojoe]

Walking down the road in orange with a gun and slugs during gun season = hunting. Everything else is closed during gun week

 

Until the state changes their definition, neither of our opinions matter. What I quoted is straight from the fish and game's website.

[LJ]

Until the state changes their definition, neither of our opinions matter. What I quoted is straight from the fish and game's website.

 

How is that not in pursuit of game?

[Mojoe]

unload our shells from the shotguns since we was going to walk along 665 to meet some buddies up the road. While walking we get stopped by a Park Ranger.

 

This is all we have to go off of. Unloaded and walking along the road when stopped. Add what they were ACTUALLY doing and the condition of their firearm to what the F&G says "IS HUNTING", and it sounds like there are some errors on both sides. He's asking our thoughts. He's admitted all wrongs. It's clear as mud.

[Hahn]

How is that not in pursuit of game?

 

Technically if you go verbatim, word for word in the book like Mojoe says, then we wasnt hunting by definition.

 

This is all we have to go off of. Unloaded and walking along the road when stopped. Add what they were ACTUALLY doing and the condition of their firearm to what the F&G says "IS HUNTING", and it sounds like there are some errors on both sides. He's asking our thoughts. He's admitted all wrongs. It's clear as mud.

 

I see what your saying, and i think he could get out of it, without lieing or anything, if he took it to court. But, whats the point in paying $80 in court fees to fight a $100 fine? Im assuming his "record" would be wiped clean of the misdemeanor, but is it worth it?

[90G60]

But, whats the point in paying $80 in court fees to fight a $100 fine? Im assuming his "record" would be wiped clean of the misdemeanor, but is it worth it?

 

I guess that's a question he needs to ask himself. IMO $100, $80, hell even $180 would be worth keeping a clean record.

[LJ]

Technically if you go verbatim, word for word in the book like Mojoe says, then we wasnt hunting by definition.

yes you were. You were in pursuit of game with a weapon. You were carrying guns, slugs, wearing orange, had licenses and tags on you. All guns HAVE to be plugged during gun week. If you were in orange with licenses but no guns, you would not be in pursuit.

[Mojoe]

I guess that's a question he needs to ask himself. IMO $100, $80, hell even $180 would be worth keeping a clean record.

 

This covers what you came here to ask.

 

If it was me, I'd take the fine plus court cost, just to have nothing on my record. If that option was out there from the court, I don't care what they think was right or wrong. Lesson learned and the friend needs to pay more attention.

 

Please post the outcome, either way.

[dakotart]

This covers what you came here to ask.

 

If it was me, I'd take the fine plus court cost, just to have nothing on my record. If that option was out there from the court, I don't care what they think was right or wrong. Lesson learned and the friend needs to pay more attention.

 

Please post the outcome, either way.

 

I agree with getting the record clean if at all possible. If ever caught for a second offense, the penalty will be much worse.

[El Karacho1647545492]

we WERE

 

we WEREN'T

 

I WAS

 

I WASN'T

 

That may also help your case in court, believe it or not.

 

On a less condescending note, if he shows up to court with, like others said, the hunter safety stuff partially done and scheduled, it'll show a genuine desire to learn from his mistake. That is really what the judge/magistrate/prosecutor are looking for. They want to cut breaks to people who are actively seeking to be safer, rather than people who will stand firm and try to justify that what they were doing was not wrong.

 

Basically, it's easier and more effective to go in and show that you want to abide by the laws than that you want to change the laws.