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Hunting Violations in Nebraska | Nebraska Firearms Attorneys


Hello my name is Seth Morris and today
I’m joined by Matt Arnie. We’re both attorneys at Barry Law firm and today
for our timely talk, were going to be discussing hunting violations. First we’re going to
talk about what constitutes some common game violations as well as some uncommon
game violations? Second we’re going to discuss what do you have to do if you’re
contacted by a game and parks officer or a game warden? And second what should you
do? And then finally, what are some common penalties and fines if you’re found in
violation of Nebraska Game and Parks rules. Thanks Seth! I can hear you but I
can’t see I’ll first presume you’re over there. Maybe its that camouflage suit
that’s given. First and foremost everybody what we’re talking about today
is very specific to Nebraska. The laws in the area of hunting vary greatly from
state to state. So if you’re in another state we’re very happy to have you
joining us today, but what we’re saying might not necessarily apply to you. In addition to what Matt said the easiest way to make sure you don’t run
arrive of rules rules and regulations of the game parks. Is just to get the
guidebook. They’re free. They’re available at Walmart or wherever you buy your
hunting license. They’ll you know these regulations they’re not set in stone.
They can change from year to year. Some simple things like bag limits that have
been in place since you were 5 years old they may not be the same in 2019.
So just take 20 minutes to check those rules and regulations and you can save
yourself a headache in the future. One of the common headaches that people run
into is not having all of the necessary required permits and habitat stamps. For
example, a duck hunter in Nebraska needs a small game hunting permit, a Nebraska
habitat stamp, a waterfowl habitat stamp, a harvest information program
registration number. And the feds get their cut it all your money also because
you have to have a Federal Duck Stamp. If you don’t have all five, you run into a
game warden you’re probably looking at a citation. Another simple mistake that
people can make is not checking shooting hours between species. So if you
are deer hunter you’re used to you get 30 minutes prior to sunrise, 30 minutes
after sunset. If you apply that to turkey hunting you’ll be arrived the rules and
regulations because turkey hunting ends at sunset. Also, a lot of people probably
rely on their cell phones and the weather apps on their phones to tell
them when the sun is rising and setting. You have to check in the back
of your hunting guides actually gives you what is the time on that day. So
those two things could be off by a few minutes. A few minutes is enough time for a game and parks officer to give you a ticket. That’s right, that’s right and
speaking of sunrise and sunset and things having to do with light. That dove
tails right into well hunting game animals and game birds. You cannot use a spotlight or a laser light that projects light or a beam of light forwards
towards your target. You can however use a red dot sight or a scope with an
illuminated reticle. The difference here is whether the scope projects forward
onto the target or not. And another thing that many people aren’t aware of with
the growing popularity of the AR platform among hunters and also
detachable box magazines on rifles. So you could only have six rounds of
ammunition. Your firearm can only be capable of firing six rounds of
ammunition. So if I have a 10 round mag from my AR 10 and I only put six rounds
of ammunition in it. It’s capable of holding ten so I’m alive the rules and
regulations. So in those situations you have to make sure you have a 5 round
magazine which is most common I’ve never seen a six rounder. So you want to make
sure that you don’t unintentionally break the rules.
You hear that Dad when you’re watching this out there in California Stan you
know leave the 30 mag, leave the 30 round mag at home. Anyways. When hunting upland game birds like
quail or pheasants it can be difficult, if not impossible to locate all of your
down birds. You know if you shoot a bird and you’re unable to retrieve it though,
that still counts against your daily bag limit. Well and this is probably my least
favorite regulation of all time. So if you are archery hunting like I like to do.
You cannot carry a firearm for self-protection. This is something I
looked into. I found out during rifle season where I deer hunt on the Loop
River in Genoa and there’s mountain lions in the area. So I saw mountain lion
tracks so I looked and you cannot carry during archery season. And so if you’re
like me, I’m gonna write a letter to my state senator to try and
get that changed. Because you feel pretty small if you’re around mountain
lions and all you got is a pointy stick trying to sling it. Yeah it’s not gonna
work too well. You know you can’t even take your drone out there to harass that
mountain lion, because you can’t use a drone to harass wildlife to cause game
birds or animals to depart from a game reserve or game sanctuary. You cannot
communicate the location of any game animal to another person after using a
drone. Also you cannot use a drone at a state park, state historical park, state
recreation area or state wildlife management area. Long story short is,
just leave the drone at home when you’re going out during hunting season.
So if you’re feeling like going back to primitive hunting methods. Just an FYI
you cannot use poison or stupefying arrows. If you’re going to use a spirit, it
has to be hand thrown. So you can’t use any of those wooden contraptions like
they use and you know like the ancient Roman times. So right now we’ve covered a
few but definitely we cannot cover all the different rules and regulations.
Again just the best advice we can give you just be vigilant about reading
the regulations. So now that we’ve kind of covered that. So Matt if I read and I find a game warden in the field what do I have to do there? Sure, you are required to provide them some
information. Such as your driver’s license or ID card, show him your hunting
permits and they can make sure you have all the right stamps and permits. They
can also inspect your hunting gear and make sure you’re using the right gear
make sure you don’t have too many rounds with you or in your
magazine. They can also look at any animals you may have with you to make
sure you’re not exceeding the bag limits or they get the wrong species in your
bag. Okay so now that we’ve covered there making sure you’re
compliant. What if they start asking questions beyond that? Sure that’s
where you have a right not to answer the rest of their
questions. You can assert your Fifth Amendment right to remain silent. It’s
appropriate at that point just to say you know sir or ma’am I’ve answered the
questions that I have to answer I’ve provided the information required to
answer. I’m not answering any further questions. And to piggyback on
what Matt just said the officers they don’t have to tell you
you’re the subject of an investigation. A lot of times what we’ll see is
they have a report that you may have broken along. So they’ll ask you to
come into their vehicle. In their vehicle is recording equipment designed to catch
you make an admission. All right they don’t have to tell you that you’re being
recorded. They don’t have to tell you you’re under investigation. Another thing that
we see commonly is that game wardens are using social media. It’s a powerful tool
considering the the amount of information that people put out there. So
if you’re sharing the Facebook and Instagram pictures of you hunting. Make
sure you got all your ducks in a row. Additionally you know I’m sure that
there’s some sort of of logical feedback on their website where they can track
what time you purchase your permit and watch time you tagged it. I
can’t say you will never but very unlikely that I buy a permit for a deer
and I tagged it 30 minutes later. Right and so you know the
analytics would have to be there with computers and the electronic programs to
catch you doing that what I want to talk about to wrap things up here is a
discussion of some of the penalties for Game and Parks violations you know many
of the game violations are punishable by misdemeanors and which includes a
possibility of a jail time but what people don’t realize is how expensive
the civil penalties can be yeah for example the civil penalty for the
unlawful harvesting of a mountain sheep is $25,000 elk whitetail deer mule deer
that can be up to ten thousand dollars depending on the size of the deer
antelope and bald eagle that’s punishable by a fine of $5,000 each and
these are just civil penalties and so the standard to collect it’s a lot lower
than a criminal so even if you can avoid conviction they just have to have a
preponderance of the evidence that you broke this law it’s just a 51/49 and
they can get that penalty out of it that’s right and another thing that you
can run into you can run into a charge of possession of a firearm by a
prohibited person of course felons are unable to carry firearms or ammunition
but also persons that are subject to a valid protection order that’s been
served on them they can also be prohibited from carrying firearms or
ammunition they can unwittingly walk themself into
a into a felony that way also we’ve going back to that drone issue if you
violate the game laws with respect to drones those can fall under federal
jurisdiction as well because believe it or not you anything off the ground
during your an airspace federal and it’s all federally controlled and you can
open yourself to criminal sanctions which can include that you monetary
penalties up to twenty five thousand dollars but you can also run into civil
penalties including fines up to two hundred and fifty thousand dollars so
just again leave the drones at home yeah and you know another thing is is even
just enough little penalties that can lose your your privilege to hunt for a
year or for your lifetime and so if you or a loved one has been charged with the
game in parks violation get myself mat or one of the other skilled attorneys at
bear law from a call for zero two four six six eight four four four thank you
thanks everybody

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