TX Game warden took photos of my serials...

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I know that here in PA, game wardens can legally enter your property without a warrant to investigate suspected fish & game violations. I remember reading about the state supreme court ruling several years ago when it was challenged. I'm still not quite sure how its justified though, in light of the Bill of Rights. The US Constitution appears to no longer be a binding contract, but instead its a "living document" with principles to be molded as greater minds see fit, for the good of all, of course.
 
I agree 100% with JimmyRay, you need to have a (more than) adequate backstop, in every instance, with no exceptions, when you are shooting. If I were your neighor, and I saw bullets whizzing through my property, you can d*** well bet that we would be exchanging words, and it would not be on a friendly basis! We share a responsibility, as shooters/hunters, to respect the welfare of our neighbors, AT THE VERY LEAST, and at a minimum, obey the very basic rule so shooting. Beef up your backstop, and respect your neighbors....
 
To get back to the legal issue: Aside from the "rights and perogatives" of Texas game wardens, they are full-bore law enforcement types as well, per the legislature.

Now: Add in all this political stuff about "Guns to Mexico! Horrors!" I have no doubt that anytime there is some sort of firearms complaint anywhere near the border, law enforcement's gonna be all over it like wet on water. It's not just the feds; they've most likely requested local assistance on that issue.

No point in harumphing about the politics, in this thread. There are just some facts of modern day life that we're stuck with. In this case, however, jimmyray and dacavasi summed it up quite nicely. :)
 
Can anyone cite a case where the power of game wardens to search is somehow superior to the 4th amendment rights of the searchees? I've heard this many times, but I don't buy it.

I'm pretty sure that if a game warden decided to just poke around in my garage to see if I had any illegal game, without first having obtained a valid warrant, any evidence he found would be suppressed.
 
I too am uncomfortable with the amount of power GW's have in Texas. They have defacto full reign on private property, and I find that downright un-American. That said, I am with the neighboring landowner on this one. The OP states a prior complaint from the neighbor, and then a second offense? I do not think it is kosher to have to duck irresponsible fire on ones' own property, regardless the branch of LE that looks into it.

As an asside, I was license, limit & capacity checked yesterday, and the GW did not know how to clear my Beneli. He handed me the now fully loaded gun & I showed him at his request how to use the cut-off to empty the mag. The last ime I was capacity checked, the GW then used snap-caps; this GW requested me to hand him 3 live rounds, which he chambered. He then checked another hunter, also with a Beneli, and could not render his shotgun safe either after again loading live rounds. He was young, I hope he learns his actions as handing a loaded gun back to a potential suspect may not be an LE "Best Practice".
 
Can anyone cite a case where the power of game wardens to search is somehow superior to the 4th amendment rights of the searchees? I've heard this many times, but I don't buy it.

I'm pretty sure that if a game warden decided to just poke around in my garage to see if I had any illegal game, without first having obtained a valid warrant, any evidence he found would be suppressed.

Its largely myth. The exact powers are specified in Title 2, Chapter 12 of the Texas Parks & Wildlife Code.

http://www.statutes.legis.state.tx.us/Docs/PW/pdf/PW.12.pdf

I too am uncomfortable with the amount of power GW's have in Texas. They have defacto full reign on private property, and I find that downright un-American.

Again, its largely myth. See above. With regard to habitations and vehicles on public roadways, all normal search and seizure rules apply.
 
FROM ABOVE

..."Sec.A12.104. RIGHT TO SEARCH AND INSPECT.

A (a) A game warden or other peace officer commissioned by the
department may search a game bag, vehicle, vessel, or other
receptacle if the game warden or peace officer has a reasonable,
articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.

(b) A game warden or other peace officer commissioned by the
department may inspect a wildlife resource or a part or product of a
wildlife resource that is discovered during a search under
Subsection (a) of this section.

(c) In this section "wildlife resource" means an animal,
bird, reptile, amphibian, fish, or other aquatic life the taking or
possession of which is regulated in any manner by this code."...

to tell you the truth, it sounds like the warden is friends with the complaintaint, or they gave him a false report. very hard to pin
down in court, and financially restrictive. if upon his arrival, there
were no signs of hunting/poaching, this matter was beyond his
jurisdiction.

you said yourself that the berm shows signs of likely not stopping
projectiles. stop shooting there. as noted in previous posting if
you cause ANY damage with your firearm, the warden is by far
the least of your problems...

gunnie
 
wildkow said:
Could be neighbors who don't like guns and made up the story to get you to stop.

The op stated that there were bad shots in his group and evidence of high shots in their backstop. What is unreasonable about a property owner not wanting stray bullets entering his property?

The responsibility to make your backstop more than adequate is the lesson here.
 
Texas game laws are really strange.

If there is a flood and a catfish end up trapped in a mud puddle after the water receeds and you kill it and take it then you have problems! Even with a permit they can charge you with taking a fish illegaly.

I found that out when working on finding a drowning victim after a flood. The GW shared some very obscure regulations.

Yes I'm in Texas.
 
There's a saying here in Texas. The only person with more authority than a Texas Ranger is the Game Warden....

Yes they probably abuse their powers some from time to time. If you aren't prepared to go to court over what they are doing, let it slide. If you get on the wrong side of the law, they WILL make your life miserable. Anyone that says their local government isn't corrupt is living a fantasy.

How much land are you shooting on? How much of a buffer is there between you and the edge of your property?

I have to agree with what some of the others have said. Seeing as how the GW noticed hits on the edge of your backstop and by your own admission that someone is a "bad shot", then it is plausible that your bullets could be traveling on a neighbor's property.

The law clearly states that projectiles can not cross property lines (unless you own both lots of land or have written permission), public roads, etc, etc... I do not know what the penalty would be though for breaking that law.

Think of the safety issue though. What do you think would happen to you if one of your bullets that skimmed the backstop ended up killing a neighbor that was out walking on their property?

Check out Google Maps of your area. See where the neighbors' homes are in relation to where you are shooting. Maybe it would be advisable to build a backstop in another direction to be safe?

I do remember reading about some incidents near The Woodlands. Basically some adjacent property owners (not part of the subdivisions) like to shoot guns, but some of their bullets strayed off and ended up hitting their neighbor's homes. Now in Montgomery county they have passed a regulation that restricts shooting on lots that are less than 10 acres. Check out Local Government Code 235.022 if you are interested in more on this subject.

FYI, I asked for Harris County, and there is "no regulation on file" with the commissioners court office (in relation to 235.022). So if you live in unincorporated Harris County... enjoy!
 
When I lived in the town of Highland Lake,Al. there was a city ordinance that allowed for target shooting but gave the police the authority to decide whether it was being done safely and if the backstop was sufficient. The town is built around Lake Highland and MANY cottonmouths are present. The ordinance also allowed for shooting the snake in the water but was restricted to shotguns with shot shells only. It held the shooter responsible for all shots fired.
 
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