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Old 05-12-2010, 11:18 AM
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From the Texas Statutes:

http://www.statutes.legis.state.tx.u.../htm/PW.12.htm


(b) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:

(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;

(2) any device that may be used to hunt or catch a wildlife resource;

(3) any wildlife resource in the person's possession; and

(4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.

(c) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.

(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:

(1) in a person's residence or temporary residence; or

(2) on a publicly maintained road or way that is:

(A) improved, designed, or ordinarily used for vehicular traffic;

(B) open to the public; and

(C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.

Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2003.

Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.



Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (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.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 261, Sec. 1, eff. Aug. 26, 1991.
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Old 05-12-2010, 11:58 AM
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This thread reminds me of the joke....
An old redneck was just finished fishing when he ran into the game warden. The warden saw the cooler full of fish and asked to see his fishing license. The old redneck said, no fishing license here...there are my pet fish. I take em down to the lake and let them swim for a bit. Once they are done swimming I whistle for them and they jump back in the cooler.
The warden was not very impressed so he said, OK lets see it then. So the old redneck throws them back in the lake and waits for a min. Two min go by. Then 3. The game warden just about had enough and said, ok...whistle them back in now.
Whistle for what says the redneck?
The fish says the warden. Whistle so the fish come back.
What fish says the redneck
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Old 05-12-2010, 12:00 PM
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they have the same powers as the police... On regular land.. they have the same powers as if they were in the wildlife reserve.... but if your on private land.. the only thing they can get you on is poaching.. not much else.. ie you have a pond of fish and are fishing from it then you dont need anything..

They can walk around the car and look in it.. but they cant go inside the car with out probable cause or a warrent same as the regular police...

Your walking around hunting no they cant search you but they may as you to set the rifle down and show them hunting papers... other then that if you dont have the papers then they can search you for illegal game ect.. because your hunting... but if your hikeing with or with out a gun.. They cant search you with out a warrent or probale cause.. and saying no to a search doesnt count... the key is be nice... (most rangers are really nice) O hello hows it going.. were are you hikeing O up in that area they ask have you seen anything thats not supposed to be in the area nope ok see you.. 90 percent of the time its as simple as that..
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Old 05-12-2010, 12:31 PM
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Quote:
Originally Posted by haha49 View Post
they have the same powers as the police... On regular land.. they have the same powers as if they were in the wildlife reserve.... but if your on private land.. the only thing they can get you on is poaching.. not much else.. ie you have a pond of fish and are fishing from it then you dont need anything..

They can walk around the car and look in it.. but they cant go inside the car with out probable cause or a warrent same as the regular police...

Your walking around hunting no they cant search you but they may as you to set the rifle down and show them hunting papers... other then that if you dont have the papers then they can search you for illegal game ect.. because your hunting... but if your hikeing with or with out a gun.. They cant search you with out a warrent or probale cause.. and saying no to a search doesnt count... the key is be nice... (most rangers are really nice) O hello hows it going.. were are you hikeing O up in that area they ask have you seen anything thats not supposed to be in the area nope ok see you.. 90 percent of the time its as simple as that..
In Oregon and California I have met up with some of the biggest jerks I have ever meet. They assume that everyone is a criminal before they meet you. I have been stopped coming out of the forest on more then 50 differnt times and been treated as a criminal from the bat. I even have filmed them doing things that they said they dont do and was threatend that If it got out I would never see the outside of a jail. (They were breaking up the Elk herds 2 days before season.) With firearms and some kind of m80 type thing. From the ground and the air from a helocopter. When I brought this up at a sportmen show I was removed and told I was wrong when I commented about tape things changed. They got real mean. Then for many years I was always harrased. So as far as them being nice I guess you just have differnt ones then we have. Also just to point out. I have never violated any game law that I knew about. I have probably done some things wrong but never on purpose. I guess thats what bugs me the most I try to fallow all the laws and never try to do anything wrong then Im treated like Im the jerk.
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Old 05-12-2010, 01:49 PM
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the guy in ca ..did he have blond hair and about 5.10 in height and a little pudgy type of guy with the little man thinking..i ran into that one up around the area next to Reno and this guy was a total jerk about the things..

was getting set up for it was just as dawn was breaking and was getting the rest of the gear laid out and ready to go when he came up and was just beening a total jerk about everything ..when he left he went down the road honking his horn and flashing his lights and sounding his siren off in short blast ..

that killed that area for a day ..so we went and glassed for a little while to see if the noise had made the herd move away ,.luckly for us the herd moved back into the prostion about 1pm in the afternoon and we spent the night camped there and waited for day break to start the hunt ..
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Old 05-12-2010, 02:00 PM
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Quote:
Originally Posted by hank2222 View Post
the guy in ca ..did he have blond hair and about 5.10 in height and a little pudgy type of guy with the little man thinking..i ran into that one up around the area next to Reno and this guy was a total jerk about the things..

was getting set up for it was just as dawn was breaking and was getting the rest of the gear laid out and ready to go when he came up and was just beening a total jerk about everything ..when he left he went down the road honking his horn and flashing his lights and sounding his siren off in short blast ..
Why?
I'm sure conservation officers realize the importance of controlling herd size.

Cripes, why did they even issue you licenses?
Old 05-12-2010, 04:18 PM
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Originally Posted by Highlander View Post
From an interview with a Texas Game Warden


http://www.gosanangelo.com/news/2009...k-no-longer-a/

What authoritative powers do you have over other law enforcement agencies?

We have the same as any other agency. One thing that separates us from others is we have the right to enter private property and inspect for hunting and fishing violations
That is for Fish and Wildlife issues only and applies to open ground, not dwellings. Mainly that is for hunting ranches and so on. They cannot come into your home in Houston, looking for illegally harvested pigs in your freezer from a hunting trip as a means of checking and regulating.
Old 05-12-2010, 04:29 PM
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Originally Posted by AKpredator View Post
That is for Fish and Wildlife issues only and applies to open ground, not dwellings. Mainly that is for hunting ranches and so on. They cannot come into your home in Houston, looking for illegally harvested pigs in your freezer from a hunting trip as a means of checking and regulating.
Correct. Read the statutes posted afterward. They can however, check any freezers or coolers on your property (or yard) if in plain sight and they have reason to believe harvested game is contained inside. Nor do they have to have permission to come onto your land to conduct compliance checks.
Old 05-12-2010, 04:33 PM
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Originally Posted by ex-hunter View Post
Why?
I'm sure conservation officers realize the importance of controlling herd size.

Cripes, why did they even issue you licenses?
this guy is well known by the local hunters in the area for beening very anti-hunting type and he been known to pull a few stunts like that dureing some of the hunting season.even his own people do not like to work with the guy .some of the wardens are pretty good guys about things and a lot when met up with them in the back country areas are pretty good about giveing you a tip on someplaces where they seen the herd or not ..but this guy is a total nutcase when it comes to the hunters and fishermen types ...

the guy was caught on video camera last year driveing down the road fireing off blanks from the truck dureing deer season ..it was shown to the local tv stations and the state game people and he was put on furlogh for a couple of weeks think about if he was going to keep his job or not ..as far as i know he still with the Ca dept of wildlife as game warden ..i have been told that they are keeping a close watch on him now after the head of the dept saw the video for it was a going to a be a law suit by some hunters over his actions .

for some of the hunters i know where at one point sueing the fish and game dept for this guy actions.. so for every 9 good officers your going to get the 10th one that is a total jerk about things..
Old 05-13-2010, 09:30 AM
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Originally Posted by FarmerJohn View Post
not without a warrant or probbable cause
and they have the right to pat you down for weapons as all law enforcment are
good rule of thumb if you dont have anything to hide why worry about it
I myself, DO have something to hide. It's called my PRIVACY.
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Old 05-15-2010, 03:31 PM
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Originally Posted by ren-man View Post
It varies greatly by state. In some states they have much more power than other law enforcement, in my state PA they do not need a search warrent in most cases. In other states their power is much less.
Read the law and don't let them in your house or your car without a search warrant they do need one if you stand up for your rights and don't let them tell you any different.I have game warden friends I go out with on nights to catch poachers and they do need warrants if you do let them search without one you are losing all your rights.Whatever they find is used against you all the same.If you make them get a warrant and they find nothing that is on them because they need probable cause to obtain one which is a gray area but blood on you or the outside of a vehicle is probable cause.To search your house which I have went with officers is always done with a warrant in hand and usually a State police officer.I just go with as a backup and am packing.
Old 05-15-2010, 04:47 PM
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Originally Posted by justin_baker View Post
If i am walking around and hunting, does a game warden have a right to search my backpack and body?
If i am not hunting (i dont have a firearm/weapon/fishing pole on me and am not carrying any hunting or fishing license) and just hiking, does he have the right to search my body or backpack?
If i am near my car, does he have a right to go into my car and search all around?
Not looking to break any laws or anything, i just really want to know my rights, especially in the presence of those really nosy kind of wardens who love it when i give up my rights.
Depends if you are a male or female.
Old 05-15-2010, 05:32 PM
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Originally Posted by Highlander View Post
Correct. Read the statutes posted afterward. They can however, check any freezers or coolers on your property (or yard) if in plain sight and they have reason to believe harvested game is contained inside. Nor do they have to have permission to come onto your land to conduct compliance checks.
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Originally Posted by Ammo View Post
According to a policeman, I know, in Alabama, they like to have a wildlife officer, on joint task forces.
The reason given is that they (wildlife officer) don't need to have a warrant to enter a home if they have reason to believe that pouched/illegal game is in the dwelling. I'm not sure if he meant a state officer or a federal officer.
These two go hand in hand. Yes, they can search private dwellings for suspected poached game (in most states) BUT ANYTHING THEY SEE ON THE WAY to the fridge or cooler can be considerred "in plain sight" and therefore no illegal search and siezure has taken place.

For example, I am going to check your coolers for illegal game. On the way there, I spot your 5 kilos of cocaine. That coke is not illegal fruit from an illegal search since it was in plain sight while performing an perfectly legal search for poached game.

Look Probable Cause and Reasonable suspicion is a "barely there" line anymore. If a ranger asks, all they have to do is say... "I think I saw you pick up that protected plant and put it on your person" Or "I think I saw you pick something up from the ground and put it in your pack" (since taking artifacts are mostly illegal) and that is enough PC or reasonable suspicion.

Another thing... does anyone know if they can kick you off the land? In otherwords making you a tresspasser on the property?

Here is a great article on Oklahoma Game Warden Search and Siezure Policies:
Quote:
Probable Cause:
A game warden needs probable cause to arrest and probable cause to search. Forget all of the hoopla surrounding the definition of probable cause. It is simply a FAIR PROBABILITY....
Reasonable Suspicion:
You need a reasonable suspicion to detain a suspect or stop his vehicle. The courts have defined this as "much less demanding than probable cause and considerably less than a preponderance." That means that your suspicion could be flat out wrong a considerable majority of the time. ...
Consent:
Let's suppose you don't have probable cause or reasonable suspicion, but you still think something is awry. You can always simply carry on a consensual conversation or you can always request consent to search. Don't worry about justifying WHY you asked consent - you don't need a reason. The U.S. Supreme Court has specifically endorsed officers walking up to people with no suspicion whatsoever and asking potentially incriminating questions. Just remember that the consent must be voluntary. So, be able to articulate in your report that the defendant was not promised anything or succumbing to coercion when he granted you consent to search.

http://www.okgamewarden.com/PastIssu...d_Seizure.html
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Old 05-15-2010, 05:36 PM
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Originally Posted by vicdotcom View Post
These two go hand in hand. Yes, they can search private dwellings for suspected poached game (in most states) BUT ANYTHING THEY SEE ON THE WAY to the fridge or cooler can be considerred "in plain sight" and therefore no illegal search and siezure has taken place.

For example, I am going to check your coolers for illegal game. On the way there, I spot your 5 kilos of cocaine. That coke is not illegal fruit from an illegal search since it was in plain sight.

Look Probable Cause and Reasonable suspicion is a "barely there" line anymore. If a ranger asks, all they have to do is say... "I think I saw you pick up that protected plant and put it on your person" Or "I think I saw you pick something up from the ground and put it in your pack" (since taking artifacts are mostly illegal) and that is enough PC or reasonable suspicion.

Another thing... does anyone know if they can kick you off the land? In otherwords making you a tresspasser on the property?
This is as accurate and complete as any description I have seen.

In Minnesota, if you need the Game Warden, you call the Minnesota Highway Patrol.
Being dispatched with the highway troopers, a game warden is a handy tool.

Like if they stop a car and have a hunch (but likely no warrent) they wonder ... hmmm, I wonder if these fellers are out poaching tonite. Get Wally out here.

If Wally sees the dope as he is looking for a spotlight, you are busted.
Old 05-15-2010, 05:40 PM
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Originally Posted by paindian View Post
Read the law and don't let them in your house or your car without a search warrant they do need one if you stand up for your rights and don't let them tell you any different.I have game warden friends I go out with on nights to catch poachers and they do need warrants if you do let them search without one you are losing all your rights.
This is incorrect. In some states you do not need a warrant for Searching a Vehicle if Probable Cause is there.
Quote:
Vehicles & Boats:
If you have probable cause to
search a mobile vehicle or boat you do not need a warrant. Because vehicles and boats are mobile and heavily regulated by society, you do not need a warrant to conduct a probable cause search of a vehicle. The Supreme Court has even held that an officer does not need a search warrant to conduct a search of a parked motor home if that officer has probable cause.
http://www.okgamewarden.com/PastIssu...d_Seizure.html
Old 05-15-2010, 05:45 PM
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Originally Posted by corndogggy View Post
Any time any LE wants to check something that seems fishy, tell them something like "I do NOT give you permission, but I won't resist". It makes it look like you have nothing to hide, yet if they search you without permission or a warrant, it's an illegal search.
Very good reply. I don't know the legal implications of it though. Is "won't resist" giving permission even though you state no permission is given?

This is the way I see this going...
Game Warden (GW): Can I search your pack?
You (U): I do NOT give you permission, but I won't resist.
GW: So do I have permission?
U:I do NOT give you permission, but I won't resist.
GW: So is that a yes?
U: I do NOT give you permission, but I won't resist
GW: Look you are giving me permission already, So I am going to search it.
U: I do NOT give you permission, but I won't resist.
GW: Yes or No?
U: I do NOT give you permission, but I won't resist
GW Yes or no?

LOL round and round.
Old 05-15-2010, 05:46 PM
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State to state it is different.

In TN they have the right to go anywhere, ask anything and search anyone anywhere. They also have the right to enter you home and search your food supply for game violations, WITHOUT A WARRENT.

Local LE always carry a game warden on large drug busts so there will be no problems with proper warrent when they go to court.
Old 05-15-2010, 06:09 PM
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Originally Posted by Rascals View Post
In Oregon and California I have met up with some of the biggest jerks I have ever meet. They assume that everyone is a criminal before they meet you. I have been stopped coming out of the forest on more then 50 differnt times and been treated as a criminal from the bat. I even have filmed them doing things that they said they dont do and was threatend that If it got out I would never see the outside of a jail. (They were breaking up the Elk herds 2 days before season.) With firearms and some kind of m80 type thing. From the ground and the air from a helocopter. When I brought this up at a sportmen show I was removed and told I was wrong when I commented about tape things changed. They got real mean. Then for many years I was always harrased. So as far as them being nice I guess you just have differnt ones then we have. Also just to point out. I have never violated any game law that I knew about. I have probably done some things wrong but never on purpose. I guess thats what bugs me the most I try to fallow all the laws and never try to do anything wrong then Im treated like Im the jerk.
Start fileing formal complaints.. and send the tapes to the people higher up... watch heads roll or them get transfered... if you have proof that they are doing things wrong.. threaten and harse people start makeing complaints they will try to blow you off but just go higher and higher up... Ive done it many times and now get no crap from any cop in my area.. I dont mind the few pages of paper work and the good people dont mind hearing the complaints and trying to fix them.. the bad people like to just cover it up.. but if you go higher up you tie there hands ie you tell the top dog they are doing something illegal.. and he turns a blind eye he or she is going to be the one getting fired and they know it.. Always docment and file reports.. thats what I do.. police ask me what happen Ill sign a witness thing and everything.. I have no problems with them doing there jobs its when they abuse it Ill file complaints..
Old 05-15-2010, 06:14 PM
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Originally Posted by vicdotcom View Post
This is incorrect. In some states you do not need a warrant for Searching a Vehicle if Probable Cause is there. http://www.okgamewarden.com/PastIssu...d_Seizure.html
they dont need a warrent to search a home if they have probable cause as well.. ie someone screaming help me in the back... or they see drugs ect in plain sight.. They cant just show up and go let me in hahaha.. they need a reason.. so simple whats the reason for this stop officer.. whats the reason for searching my vechial.. I dont consent... they still want to search ask whats your reason for searching? Just ask questions they dont give you an answer simple go why are you searching my vechial.. they say probable cause simple say back Ok.. what probable cause?

Me I dont mind the police.. I just dont like how they try to intemidate people but thats how they are trained.. If they started threating me Id just shut up take a note of it then file a report as high up as I can go.. Ive gotten police fired over stubid things too.. Failing to make a report even when I said I want to make 1 4 times.. they actually fired a cop over it... I didnt expect that..
Old 05-15-2010, 06:42 PM
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Quote:
Originally Posted by Highlander View Post
From an interview with a Texas Game Warden


http://www.gosanangelo.com/news/2009...k-no-longer-a/

What authoritative powers do you have over other law enforcement agencies?

We have the same as any other agency. One thing that separates us from others is we have the right to enter private property and inspect for hunting and fishing violations
This applies in Wa State also anywhere in state lands or national forest...though in Wa State you can openly carry a nonconcealed firearm without anything more than ownership being required so most of the rangers are A armed and B use back up if they see you are armed (been stopped a couple times never doing anything wrong just cause my gun is visible )
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