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Ticket while Duck hunting
#537616
01/06/09 02:03 AM
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Joined: Jan 2009
Posts: 499
Folsom1
OP
Bird Dog
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OP
Bird Dog
Joined: Jan 2009
Posts: 499 |
Last week i got a ticket on lake palestine, for having buck shot with me....I wasnt using buck shot. i just carry it with me for hogs. The game warden gave me a ticket for "possesion of toxic shot while duck hunting" does anyone know what the fine is for this or have any comments about this???
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Re: Ticket while Duck hunting
[Re: Folsom1]
#537617
01/06/09 02:08 AM
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Joined: May 2007
Posts: 316
ciscooutdoorsman
Bird Dog
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Bird Dog
Joined: May 2007
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I don;t know the fine but that sucks...You should have known better because there are idiots out there that will try to hunt with buckshot. He can't tell the difference and its not fair to ticket one person and not another. I bet it won't be cheap either.
-If I buy any more waterfowl hunting stuff this year I'll be eating cat food and crackers for dinner.
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Re: Ticket while Duck hunting
[Re: ciscooutdoorsman]
#537618
01/06/09 02:27 AM
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Joined: Jan 2006
Posts: 3,430
cannon88
Veteran Tracker
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Yeah you need to be careful about that. I went duck hunting last week when there was also a second split for dove. I brought lead shot with me but I kept it in the truck until I was done duck hunting, just to be safe!
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Re: Ticket while Duck hunting
[Re: cannon88]
#537619
01/06/09 02:41 AM
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Joined: Sep 2004
Posts: 3,072
easton1025
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no lead with with you while waterfowl hunting PERIOD...I bet it wont be cheap..
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Re: Ticket while Duck hunting
[Re: cannon88]
#537620
01/06/09 02:43 AM
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Joined: May 2007
Posts: 1,841
Threecurl
Pro Tracker
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Quote:
Yeah you need to be careful about that. I went duck hunting last week when there was also a second split for dove. I brought lead shot with me but I kept it in the truck until I was done duck hunting, just to be safe!
Wouldn't have done you a bit of good if you had been checked at your truck. Possession of lead shot while hunting waterfowl - even if it's back in the truck or locked in the boat's gunbox or in the hard case on the four wheeler or whatever - is illegal.
Offhand, I'd say the fine will be several hundred dollars. If you have a blind permit on Palestine, I believe being issued a citation by the Game Warden is grounds for revocation of the permit.
If brilliant men are roses then I'm just a field of daisies.
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Re: Ticket while Duck hunting
[Re: easton1025]
#537621
01/06/09 02:44 AM
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Joined: Feb 2005
Posts: 5,097
FamousAmos
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2005
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That bites. I'd ask to see the judge and explain. You just might get a bit of mercy.
“And what does the Lord require of you? To act justly, to love mercy, and to walk humbly with your God.” Micah 6:8
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Re: Ticket while Duck hunting
[Re: FamousAmos]
#537622
01/06/09 02:52 AM
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Joined: Jan 2009
Posts: 499
Folsom1
OP
Bird Dog
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OP
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Thanks I will probably find out what the fine is first. If its not bad I will probably try to plead with the Judge.
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Re: Ticket while Duck hunting
[Re: Folsom1]
#537623
01/06/09 03:10 AM
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Joined: Dec 2006
Posts: 645
WEnglish
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Tracker
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Re: Ticket while Duck hunting
[Re: WEnglish]
#537624
01/06/09 03:23 AM
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Joined: Sep 2008
Posts: 957
robbf213
Tracker
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Tracker
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Quote:
who was the GW?
Who cares and why do you want to know? Just curious?
Call the judge, he'll tell you how much the fine will be. Don't bother the DA, they don't deal with Class C misdemeanors.
Last edited by robbf213; 01/06/09 04:41 AM.
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Re: Ticket while Duck hunting
[Re: robbf213]
#537625
01/06/09 03:52 AM
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Joined: Nov 2007
Posts: 13,735
helomech
THF Celebrity
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And BTW Robb it wasn't directed at you, I just hit the reply button by your name. I wish they had a seperate reply button.
I know the purpose behind it, but that is another stupid law. If someone is hunting with lead bust them, but damn. It is the same as bringing a gun while bow hunting. I can hunt hogs with a gun, but can't have a bow during archery season. Or youth season I can sit in a stand by myself with a rifle to shoot hogs, but the second my kid comes with me to shoot a deer I have to leave the gun at home. Stupid
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Re: Ticket while Duck hunting
[Re: helomech]
#537626
01/06/09 03:58 AM
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Joined: Sep 2008
Posts: 957
robbf213
Tracker
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Tracker
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Quote:
And BTW Robb it wasn't directed at you, I just hit the reply button by your name. I wish they had a seperate reply button.
I know the purpose behind it, but that is another stupid law. If someone is hunting with lead bust them, but damn. It is the same as bringing a gun while bow hunting. I can hunt hogs with a gun, but can't have a bow during archery season. Or youth season I can sit in a stand by myself with a rifle to shoot hogs, but the second my kid comes with me to shoot a deer I have to leave the gun at home. Stupid
I know what you mean. Some things just don't have common sense in them...
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Re: Ticket while Duck hunting
[Re: helomech]
#537627
01/06/09 03:58 AM
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Joined: Sep 2005
Posts: 7,551
Sethfish
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2005
Posts: 7,551 |
talk with the judge and the DA about the situation and your safety issue with hogs if it really was a concern for you. If it is then your safety is worth the price of the ticket, if they decide to not dismiss the ticket. One of the bigger problems with tickets in this year of busted budgets is they are a revenue source, don't expect favors or true rational thought when your dollars are on the table and can go to deficits. I hope that my assumption is wrong but I have a feeling tickets will be used and many will not be reduced or waived in this year of busted budgets.
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Re: Ticket while Duck hunting
[Re: Threecurl]
#537628
01/06/09 04:05 AM
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Joined: Jan 2006
Posts: 3,430
cannon88
Veteran Tracker
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Quote:
Wouldn't have done you a bit of good if you had been checked at your truck. Possession of lead shot while hunting waterfowl - even if it's back in the truck or locked in the boat's gunbox or in the hard case on the four wheeler or whatever - is illegal.
Really? Dang, I didnt know that, I just thought it couldnt be on you while hunting. I thought it was OK to leave it behind and then swap after I was done duck hunting. Thanks for the clarification!
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Re: Ticket while Duck hunting
[Re: cannon88]
#537629
01/06/09 04:11 AM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
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I think SniperJohn posted something about this last year or so, I am not sure it is as cut and dried as is being touted.
I could be wrong and hopefully SniperJohn will see this thread and come in with his information.
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Re: Ticket while Duck hunting
[Re: Threecurl]
#537630
01/06/09 04:11 AM
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Joined: Aug 2005
Posts: 20,983
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
Posts: 20,983 |
[quote Wouldn't have done you a bit of good if you had been checked at your truck. Possession of lead shot while hunting waterfowl - even if it's back in the truck - is illegal.
Respectfully, no Sir, that is not so. Locked in your truck is not in possession.
I had a situation at Ray Roberts where I wanted to hunt ducks in the morning, lock my decoys and ducks in the truck after the morning hunt. Swap my steel shot for #8 lead shot and go back out on the same hunting area after noon for dove. I asked for a written response from TPWD and got the ok from the top dog there at the time.
Texas is real bad about being vague in its regulations, so I see how people get confused. I wish TX would be more clear in the written regs. Since I hunted in these next two states in recent times I remembered these.
Colorado actually recommends to do so by saying "while attempting to take Ducks in Colorado.... Store lead shot in your Vehicle".
Kansas is really clear, Possession" means that lead shot cannot be in a hunters gun, pockets, or in reach while in the process of hunting. Lead shot left in a vehicle is not considered in possession.
I know Kansas and Colorado is not Texas, and Texas regs are not worded clear, so don't take my word on it, write TPWD and ask if you have a need. I did and have the letter from Austin on file in case I ever run into a young game warden that does not know fully his own laws. Which unfortunately does happen.
As far as I can tell. Buckshot is still shot in the wording of Texas hunting regulations. It is a shotgun shell containing lead shot.
"No person, while hunting waterfowl anywhere in the state, may possess shotgun shells containing lead shot or loose lead shot for use in muzzleloaders."
Also, unless something changed, you can't legally hunt hogs on that lake, not to mention the risk of accidentally inserting that buckshot load while duck hunting and hurting someone down range.
Trivia; Someone said they use #4 buckshot for sandhill cranes recently. I looked and can't find anything in Texas or Federal regulations that disallows it. Federal regulations define a minimum shot size for hunting "waterfowl", but not other migratory game. Maybe I missed something. It does not affect me so I'm not writing TPWD to ask about that one, but I do think there MAY be a loophole there.
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Re: Ticket while Duck hunting
[Re: Sniper John]
#537631
01/06/09 04:16 AM
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Joined: Nov 2004
Posts: 16,474
Crazyhorse
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Re: Ticket while Duck hunting
[Re: Crazyhorse]
#537632
01/06/09 04:19 AM
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Joined: Jan 2006
Posts: 3,430
cannon88
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Good, thanks John. So I did right. I thought so but I have been wrong before, once... I think.
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Re: Ticket while Duck hunting
[Re: Crazyhorse]
#537633
01/06/09 04:20 AM
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Joined: Aug 2005
Posts: 20,983
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
Posts: 20,983 |
I used to do it often for both Dove and Snipe hunting after Duck hunts. Not so much an issue any more as I use #7 steel in those situations, so I can also hunt the migratory/non waterfowl while hunting waterfowl rather than after. Like my recent Snipe hunt where I took four ducks with my limit of Snipe.
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Re: Ticket while Duck hunting
[Re: cannon88]
#537634
01/06/09 04:24 AM
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Joined: Aug 2005
Posts: 20,983
Sniper John
gumshoe
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gumshoe
Joined: Aug 2005
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Quote:
Good, thanks John. So I did right. I thought so but I have been wrong before, once... I think.
Again, don't take MY word for it. I'm not a game warden, lawyer, or judge. Just relaying my experience and personal finding. Also does not mean you would not get a ticket, get a JP that takes the word of the GW, then puts you in a position where an appeal/lawyer would cost more than the fine.
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Re: Ticket while Duck hunting
[Re: Sniper John]
#537635
01/06/09 04:54 AM
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Joined: May 2007
Posts: 1,841
Threecurl
Pro Tracker
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Quote:
Respectfully, no Sir, that is not so. Locked in your truck is not in possession.
Ooookay, try this one on for size and let us know how it works for you. I'll even name a specific spot to make the hypothesis more entertaining.
Go out to the wetland reclamation project on Lake Lewisville on Rock Hill Road. Go hunt waterfowl in the morning and leave a box of #8 lead in the truck to kill snipe later in the day. Finish your waterfowl hunt and go back to the truck, where you will find the Warden waiting, which is what they do on that spot. Should he find the lead in the truck and you with waterfowling impedimenta, plus some dead ducks, proceed to tapdance like some fruity Broadway musical and let us know if you get off.
It's not worth the risk because EVERYTHING in Texas is up to the discretion of the Game Warden with whom you are dealing. As with all people, some are more reasonable than others. Get snagged by the wrong one and you're hosed.
If brilliant men are roses then I'm just a field of daisies.
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Re: Ticket while Duck hunting
[Re: Sniper John]
#537636
01/06/09 04:55 AM
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Joined: Jul 2008
Posts: 259
JR
Bird Dog
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Bird Dog
Joined: Jul 2008
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A buddy of mine got a warning from a GW for having 1 lead shot shell on him. GW said it would be a ticket next time. Which was odd because I was out with another buddy of mine this past weekend and he pulled a lead shot shell out of his backpack and I told him to go and put it in the truck. I probably wouldn't have thought too much about it if I hadn't heard the story from my buddy last week...
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Re: Ticket while Duck hunting
[Re: JR]
#537637
01/06/09 05:50 AM
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Joined: Nov 2008
Posts: 155
buckmaster07
Woodsman
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Woodsman
Joined: Nov 2008
Posts: 155 |
Ok, I know lead shot illegal and everything, but as far as duck hunting goes, doesn't it steel do more harm than good because all of the crippled ducks lost by "unclean" shots from steel as opposed to lead? Does anyone actually have hard substantial proof of how much not using lead is helping ducks? To an outsider it might appear that the steel is doing more harm than good because the recent decline in duck numbers overall even though there are obviously other factors too.
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Re: Ticket while Duck hunting
[Re: buckmaster07]
#537638
01/06/09 05:56 AM
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Joined: May 2007
Posts: 1,841
Threecurl
Pro Tracker
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Quote:
To an outsider it might appear that the steel is doing more harm than good because the recent decline in duck numbers overall even though there are obviously other factors too.
Anyone who would ignore "correlation does not equal causation" to that extent would probably believe that UT won the Fiesta Bowl tonight because Greg Davis is our offensive coordinator.
If brilliant men are roses then I'm just a field of daisies.
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Re: Ticket while Duck hunting
[Re: buckmaster07]
#537639
01/06/09 05:58 AM
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Joined: Nov 2007
Posts: 13,735
helomech
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Quote:
Ok, I know lead shot illegal and everything, but as far as duck hunting goes, doesn't it steel do more harm than good because all of the crippled ducks lost by "unclean" shots from steel as opposed to lead? Does anyone actually have hard substantial proof of how much not using lead is helping ducks? To an outsider it might appear that the steel is doing more harm than good because the recent decline in duck numbers overall even though there are obviously other factors too.
No one will ever convince me steel shot is a good idea. There is no way in hell lead shot on the bottom is harming any ducks. Most pond bottoms are soft and the pellets sink. It is a huge crock of sh8t just like lead hurting you from shooting a deer. I had a mouth full up lead pellets most of my younger years, and have no lead issues.
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Re: Ticket while Duck hunting
[Re: Threecurl]
#537640
01/06/09 06:11 AM
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Joined: Dec 2006
Posts: 20,758
cbump
THF Celebrity
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Quote:
Quote:
To an outsider it might appear that the steel is doing more harm than good because the recent decline in duck numbers overall even though there are obviously other factors too.
Anyone who would ignore "correlation does not equal causation" to that extent would probably believe that UT won the Fiesta Bowl tonight because Greg Davis is our offensive coordinator.
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