Game Warden check??

[camjr]

With dove season rapidly approaching, I've got a question. Am I correct in assuming that if the Game Warden comes by checking your bag, shotgun, etc., you must also show him/her your CHL license if you're carrying concealed (even though you have a shotgun in your hand)? The answer seems obvious, but I just want to be sure. For some reason, I get checked every year on opening day, but this will be the first year with my CHL.

For all you guys and gals heading to the dove field for opening day, good luck!

[Sangiovese]

My understanding is that if he asks for identification, you must show your CHL along with the ID that he requested. If he does not ask for ID, then disclosure would be voluntary (but might be a good idea anyway, depending on the circumstances).

[BigBlueDodge]

let's be more specific. What constitutes identifiication? Everytime I've been checked by a game warden, they only ask for my hunting/fishing license (I've only been checked 2-3 times ever). If they ask just for your hunting/fishing license, does that constitute asking for identification?

Also, I'm assuming that Game Wardens don't have same access to DPS systems, and don't know that you have a CHL before approaching you. Is that correct

[WarHawk-AVG]

If you hand a "Peace Official" acting in his official capacity any form of ID, its a good bet your CHL card better be then next thing he sees...just as a courtesy.

-edit- fixed my grammar

[Dan20703]

If you hand a "Peace Official" acting in his official capacity any form of ID, its a good bet your CHL card better be then next thing he sees...just as an courtesy.

I've been checked during dove season and just automatically handed him my DL, CHL, and HL. No problems at all except I didn't get a limit of doves. He seemd pretty calm about the whole encounter and wished me luck.

[longtooth]

I agree too. I have spent a good bit of time asking different game wardens & got different answers. Some even told me you did not have to show it to a GW. Some said it did not matter. They knew you were armed when talking to you. If there was a problem they would search you if they were going to confiscate anything. Only one said he wanted it presented.

I think the law applies to them but find most of them just dont care.

[BigBlueDodge]

I think the law applies to them but find most of them just dont care.

I would have to think that is because they already know most of the people they deal with are already armed. I don't think that your .40 cal bothers them as much as that 300 Win Mag you got in your hands. I would like to know the percentage of people that a city cop deals with on a daily basis that are armed, versus the percentage of people that a Game Warden deals with on a daily basis who are armed. I'm willing to bet that the GW is going to be significantly higher than the city copy.

I had someone tell me that Game Warden's have the most power of any law enforcement officer, based on the jurisdiction and powers that they have. Can anyone confirm that? I know that getting to be a game warden is extremely difficult. I had a family member (who is currently a city cop) try and he didn't make the cut.

[CJATE]

I think the law applies to them but find most of them just dont care.

I had someone tell me that Game Warden's have the most power of any law enforcement officer, based on the jurisdiction and powers that they have. Can anyone confirm that?

Federal GW have quite a bit of Jurisdiction and latitude,

[srothstein]

I had someone tell me that Game Warden's have the most power of any law enforcement officer, based on the jurisdiction and powers that they have. Can anyone confirm that?

I cannot confirm it, but I can deny it. In Texas, Game Wardens are peace officers and have the exact same authoiryt as any other peace officer in the state. They do have one special power and it is misconstrued to give them a lot of power.

The Parks and Wildlife Code section 12.103 says that the employees (not jsut game wardens but any TPWD employee) may enter onto land or water werhe wildlife or fish is known to range or stray. he may do so for two purposes - sceintific investigation or to enforce the game laws. The really weird part is that they cannot use the information they gather while on your land for any purpose other than scientific study. This means they cannot use it as evidence against you.

This one section has been twisted by many to say a game warden can enter any house or car to look for game. It just ain't so.

[TX Rancher]

Steve:

Just a clarification question…If I’m hunting deer on my property, and let’s say I don’t have a license, and the GW comes on my land to investigate and finds the dead animal at my feet and I’m field dressing it, can he/she do anything? Since the carcass can’t be used as evidence, can charges be filed against me? I’m assuming they can, but that sounds contrary to your statement since there effectively wouldn't be any "evidence" to back up his/her claim.

In reality I get a hunting license every year so this wouldn’t apply to me. But I’m curious…

[srothstein]

One of the problems with this law is that it contradicts the SCOTUS rulings on searches. SCOTUS says that anything in plain view is fair game and not a search. So, according to them the carcass could be used against you, even though this law does say otherwise.

The other problem with this law is thta it says he can enter on your property to enforce game laws but then says the information cannot be used. That makes no sense, but that is not a requirement for a law either.

I would have to do a search to see if anyone ever won a motion to suppress hearing based on this law restricting the information. In the meantime, I would guess you would be charged, despite the law.