Originally Posted by J E Custom
Steve and Buzzgun .
Game wardens can and do interpret game laws that are vague all the time and then get
over ruled buy a judge ,But this is rare.
I do know that In the state of TEXAS the game warden can and will confiscate any and all
of your hunting equipment including the vehicle . and even if later you are cleared you may
not get all of your belongings back.
J E CUSTOM
You are 100% correct there!
That is where the problem is. Game Wardens (in Texas anyway) can inforce the law how they see fit, especially in areas where things are unclear. Of course this is true of any peace officer anywhere in the US, until there is a precedent set. Then things will get ironed out and things get reworded so as to make it more clear.
After that the person or persons involved may or may not get all of their equipment back, that's upto the judge.
After having a talk with my best friends neighbor, who just happens to be a Game Warden down in your neck of the woods (Brazoria county), (although not on this particular subject) I came to the conclusion that the rules and regs should be read as if you were a lawyer. That when it specificaly prohibits one meathod for game animals then does not even mention it (approve or disapprove) for nongame animals, that implies that it's ok.
The Regs state
•Game animals and game birds may be hunted with any legal firearm, EXCEPT:
•white-tailed deer, mule deer, desert bighorn sheep, and pronghorn antelope may NOT be hunted with rimfire ammunition of any caliber.
•shotguns are the only legal firearm that may be used to hunt Eastern turkey during the spring Eastern turkey season (see County Listings). Rifles and handguns may not be used to hunt Eastern turkey.
•pellet guns and other air guns are NOT LEGAL.
•fully automatic firearms are NOT LEGAL.
•firearms equipped with silencers or sound-suppressing devices are NOT LEGAL.
•a shotgun is the only legal firearm for hunting migratory game birds and lesser prairie chicken (see Definitions - Legal Shotgun, pg. 69).
•Nongame Animals (Non-Protected): Any lawful firearm, pellet gun, or other air gun is legal
It specificaly states what is and is not legal. The only place something is implied is when you start talking about using full auto or suppressors for non game animal. It states "any lawful firearm", but no-where in the entirety of the regs does it define a lawful firearm. Thus you must fall back to Federal and State laws to define it, and if there is a federal law that prohibits one from using a full-auto or suppressor for hunting purposes.
Having read and re-read the regs I would read it to say (implied)" that any firearm of any make,model and method of function that is legally documented and legally possessed" may be considered a lawful firearm, and thus legal for non-game animals. BUT and a BIG BUT! I would not, nor do I advocate that anyone do this without first checking with the authorities YOURSELF!
This is one of those things where it doesn't really matter for all practical purposes, for I don't own or possess a ful-auto or suppressed firearm. Though this has peaked my interest into the topic. I'll have to ask Joe about this one next time I'm down in West Columbia.