# oops.... legality question...



## nickf11 (Nov 29, 2012)

During the first split, I was hunting on a lake (not gonna name it so calm down...) that borders another state where the season was closed in that state during that time. Without thinking, after our morning hunt, we rode accross the state line in the boat to scout the other side of the lake.... then it hit me... "Wait... we're in a boat with two shotguns, wearing camo, 5 dead ducks on the floor of the boat, and it's not open season where we are sitting."  We hurried back accross the state line as fast as we could. 

So my question is could we have gotten charged with illegally taken wildlife or any other charge simply for having guns and dead birds on that side of the lake even if a warden had no way of proving where we shot them? 

I ask this because I am hunting in Alabama this weekend for the first weekend of the second split and we are going to scout all day friday and are prepared to camp out on a spot for the saturday morning hunt if we find something worth camping out on. I am not comfortable leaving all of my gear in the truck at a boat ramp as I know people who have had things stolen at a boat ramp. But I don't want to get charged for something I didn't do just because I have guns, decoys, etc. in my boat during closed season. If anyone could help me out with this I'd apprciate it. MudDucker perhaps? Thanks


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## clent586 (Nov 29, 2012)

They would have burned you. You had no way of proving to him you didnt shoot them in his state....


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## 2bbshot (Nov 29, 2012)

clent586 said:


> They would have burned you. You had no way of proving to him you didnt shoot them in his state....



He also had no way of proving that you killed them in his state. It's up to them to prove where you killed the birds not the other way around. If he did write you a ticket it wouldnt have held up in court.


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## 2bbshot (Nov 29, 2012)

You'll be fine in Bama. We do the same thing your talking about at guntersville and never had any problems.


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## nickf11 (Nov 29, 2012)

Yep i could see both sides here. But I suppose neither of us could prove it either way. It never even crossed my mind until we had already gone over there. 

So referring to my last paragraph, on friday, if I have all my gear in the boat, but no dead birds obviously, could they still burn me for hunting out of season even though I'm just scouting?


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## nickf11 (Nov 29, 2012)

2bbshot said:


> You'll be fine in Bama. We do the same thing your talking about at guntersville and never had any problems.



figured so, I just wanted to be sure.  Plus I'm not going to have any dead birds in the boat when I'm out scouting. lol


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## simpleman30 (Nov 29, 2012)

nickf11 said:


> Yep i could see both sides here. But I suppose neither of us could prove it either way. It never even crossed my mind until we had already gone over there.
> 
> So referring to my last paragraph, on friday, if I have all my gear in the boat, but no dead birds obviously, could they still burn me for hunting out of season even though I'm just scouting?



if season's closed, don't carry a gun.


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## 2bbshot (Nov 29, 2012)

nickf11 said:


> figured so, I just wanted to be sure.  Plus I'm not going to have any dead birds in the boat when I'm out scouting. lol



Good luck over there. In the past over there I've used a oh of the way mud boat ramp ( I use the term boat ramp loosely) that's on public land and when I got back to my truck the truck parked next to me had no windows left and all headlights and tail lights busted. I don't know why they did it but there are some guys from bama that don't like us ga boys stacking up ducks like chord wood lol


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## 2bbshot (Nov 29, 2012)

simpleman30 said:


> if season's closed, don't carry a gun.



Why? Hunting season is closed having a shotgun in your boat season is open.


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## carolinaboy (Nov 29, 2012)

Call DNR for that state and ask. I did for areas I hunt where it is easier to go into a body of water through a closed state to one that season is in. As long as the gun is in a case you are fine is what I was told.


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## nickf11 (Nov 29, 2012)

2bbshot said:


> Good luck over there. In the past over there I've used a oh of the way mud boat ramp ( I use the term boat ramp loosely) that's on public land and when I got back to my truck the truck parked next to me had no windows left and all headlights and tail lights busted. I don't know why they did it but there are some guys from bama that don't like us ga boys stacking up ducks like chord wood lol



PM sent... Pretty sure I know exactly where you're talking about...



carolinaboy said:


> Call DNR for that state and ask. I did for areas I hunt where it is easier to go into a body of water through a closed state to one that season is in. As long as the gun is in a case you are fine is what I was told.



Yup, that's what I'm going to do anyhow. Just wanted to see if anyone on here knew before hand. I've alread had a run-in with the law in Al. when I was doing nothing wrong and would like to steer clear of another one. (Long story that would need to be taken to the PM's. lol)


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## clent586 (Nov 29, 2012)

2bbshot said:


> He also had no way of proving that you killed them in his state. It's up to them to prove where you killed the birds not the other way around. If he did write you a ticket it wouldnt have held up in court.



Go to the Savannah River and pull up on the SC bank without a SC license and 5 ducks in the boat and a gun......just as a little project to see what will happen.


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## 2bbshot (Nov 29, 2012)

clent586 said:


> Go to the Savannah River and pull up on the SC bank without a SC license and 5 ducks in the boat and a gun......just as a little project to see what will happen.



So your saying its a crime to be in South Carolina with ducks you killed in Georgia? It's dnr's job to prove that you have taken the game illegally not the other way around.


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## carolinaboy (Nov 29, 2012)

Its like saying you cant have ducks in your car when you travel across state lines. Yes you can just have your gun in a sheath.


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## 2bbshot (Nov 29, 2012)

carolinaboy said:


> Its like saying you cant have ducks in your car when you travel across state lines. Yes you can just have your gun in a sheath.



Exactly!


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## clent586 (Nov 29, 2012)

2bbshot said:


> So your saying its a crime to be in South Carolina with ducks you killed in Georgia?



If you have birds and guns in your boat, as he said he did and you cross into SC on the water, you better have a SC license. They will not throw that out on court date I assure you. I am not saying you could not argue your point but I doubt you would win that argument.


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## WOODIE13 (Nov 29, 2012)

Just buy an OS'r AL and SC license and you are covered


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## nickf11 (Nov 29, 2012)

clent586 said:


> If you have birds and guns in your boat, as he said he did and you cross into SC on the water, you better have a SC license. They will not throw that out on court date I assure you. I am not saying you could not argue your point but I doubt you would win that argument.



I had an o.o.s license for the state I was in. It just wasn't in season at the time in that state, just in GA.


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## 2bbshot (Nov 29, 2012)

clent586 said:


> If you have birds and guns in your boat, as he said he did and you cross into SC on the water, you better have a SC license. They will not throw that out on court date I assure you. I am not saying you could not argue your point but I doubt you would win that argument.


I believe you are incorrect. Being in South Carolina with dead ducks you killed in Georgia is not illegal. When I used to hunt lake Seminole sometimes I would put in at a boat ramp in Florida and hunt on the Georgia side because it was the closest ramp I knew of. I got checked by Florida dnr showed him my ducks etc told him where I was hunting and had no issues at all. It's illegal to hunt in another state without proper lisences riding on there side of the lake with your shotguns in a case unloaded is not huntin.


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## 2bbshot (Nov 29, 2012)

WOODIE13 said:


> Just buy an OS'r AL and SC license and you are covered



Also a good option!


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## clent586 (Nov 29, 2012)

carolinaboy said:


> Its like saying you cant have ducks in your car when you travel across state lines. Yes you can just have your gun in a sheath.



It's not similar at all. Go shoot birds in Missouri on the Mississippi river and take a boat ride down to Tennessee. If you get stopped in Tennessee scouting the river and tell them you shot them in Missouri you think they are gonna let you go? State lines are state lines and he was still on the water.


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## nickf11 (Nov 29, 2012)

Again, I HAVE AN O.O.S LICENSE FOR WHERE I WAS. This was during the first split of our season when their season was not open at the time, only Ga was open, and that's what my question was about...


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## 2bbshot (Nov 29, 2012)

clent586 said:


> It's not similar at all. Go shoot birds in Missouri on the Mississippi river and take a boat ride down to Tennessee. If you get stopped in Tennessee scouting the river and tell them you shot them in Missouri you think they are gonna let you go? State lines are state lines and he was still on the water.



So state lines on land are different than ones on water?


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## carolinaboy (Nov 29, 2012)

How is it any different, IF I have a house on the sc side of the lake but ga season is in. I cant leave from my dock to hunt ga? And what does it matter car or boat you can walk into places too.


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## clent586 (Nov 29, 2012)

I should not have even commented and sorry to stir it up. I specifically asked a Ga DNR officer about putting in at a SC ramp for closer access last year. He clearly stated that I had better have both states license or I could be charged with hunting without a license and criminal taking of game if I didnt have the state where I launched and took my boat out.


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## carolinaboy (Nov 29, 2012)

clent586 said:


> If you have birds and guns in your boat, as he said he did and you cross into SC on the water, you better have a SC license. They will not throw that out on court date I assure you. I am not saying you could not argue your point but I doubt you would win that argument.



So, did you get a ticket?
Or did they guy at DNR tell you that you could not?


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## clent586 (Nov 29, 2012)

carolinaboy said:


> So, did you get a ticket?
> Or did they guy at DNR tell you that you could not?



I asked before I did it. I was not hunting just scouting during the early season. He was checking fishing license on the river and I stopped him. I wanted a 2 mile boat ride not a 10 mile one. It may be different on Seminole as the one guy said. 

As far as the OP having a license for both states, that was not stated in the original post but I would still be cautious of that; its still your argument against his with ducks in your boat, not cooler on the way home in your truck.

Having birds in your vehicle coming home from out West is not the argument, I have done it 100 times. Being on the water in a boat with birds and guns was the argument.

I would just hate to see someone get in trouble over a technicality. Take my comments at face value and do what you want.


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## nickf11 (Nov 29, 2012)

Clent we're not talking about licenses. I had an o.o.s license for the state I was in. We're talking about traveling in a state where the season is closed with a gun and birds that you legally killed in another state where the season was open. And yes I should have mentioned I had both licenses in my opening post, sorry.


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## clent586 (Nov 29, 2012)

nickf11 said:


> Clent we're not talking about licenses. I had an o.o.s license for the state I was in. We're talking about traveling in a state where the season is closed with a gun and birds that you legally killed in another state where the season was open. And yes I should have mentioned I had both licenses in my opening post, sorry.





nickf11 said:


> During the first split, I was hunting on a lake (not gonna name it so calm down...) that borders another state where the season was closed in that state during that time. Without thinking, after our morning hunt, _we rode accross the state line in the boat to scout the other side of the lake_.... then it hit me...




I understand you had the OOS license. You were talking about traveling to another state in your boat on the same body of water with birds and guns. If you were in your truck they could not say you were hunting....in your boat they can. That is the only point I have been trying to make. Like I said, no skin of my back but why would you even want to argue with DNR about it? No hard feelings or anything, just stating my point. I would just call DNR in the morning and see if you get the same answer then you will know.


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## T Tolbert (Nov 29, 2012)

I have some ducks in the freezer ill give them to who ever wants to test this. 

U get ducks I call sc dnr tell him I saw somebody with ducks on the sc side. 

You report back the amount of the fine.


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## PintailM2 (Nov 29, 2012)

clent586 said:


> I understand you had the OOS license. You were talking about traveling to another state in your boat on the same body of water with birds and guns. If you were in your truck they could not say you were hunting....in your boat they can. That is the only point I have been trying to make. Like I said, no skin of my back but why would you even want to argue with DNR about it? No hard feelings or anything, just stating my point. I would just call DNR in the morning and see if you get the same answer then you will know.



This. If you cross state lines in your boat with dead ducks you had better have license to hunt in that state. Kinda a no brainer......


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## steveus (Nov 30, 2012)

Don't know about this duck issue, but if you put your boat in at Fernindina and cross the sound and catch the Ga limit of trout, in Georgia waters, then go back to Fernindina to load the boat, you WILL get burned even with a FL license because you are over the FL limit.  

At least when it comes to salt water fishing, the FL Marine Patrol DOES pick on boats with GA stickers.


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## rspringer (Nov 30, 2012)

nickf11 said:


> During the first split, I was hunting on a lake (not gonna name it so calm down...) that borders another state where the season was closed in that state during that time. Without thinking, after our morning hunt, we rode accross the state line in the boat to scout the other side of the lake.... then it hit me... "Wait... we're in a boat with two shotguns, wearing camo, 5 dead ducks on the floor of the boat, and it's not open season where we are sitting."  We hurried back accross the state line as fast as we could.
> 
> So my question is could we have gotten charged with illegally taken wildlife or any other charge simply for having guns and dead birds on that side of the lake even if a warden had no way of proving where we shot them?
> 
> I ask this because I am hunting in Alabama this weekend for the first weekend of the second split and we are going to scout all day friday and are prepared to camp out on a spot for the saturday morning hunt if we find something worth camping out on. I am not comfortable leaving all of my gear in the truck at a boat ramp as I know people who have had things stolen at a boat ramp. But I don't want to get charged for something I didn't do just because I have guns, decoys, etc. in my boat during closed season. If anyone could help me out with this I'd apprciate it. MudDucker perhaps? Thanks




Camping out for the split opener? Thats a bold move! 


I agree with Clint, if the season is closed then I "assume" they could write you a ticket based on their mood because as he said you have no way of proving where you killed those birds to him.


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## emusmacker (Nov 30, 2012)

I just called the Ga DNR and they said that it would be up to the SC warden if I used a SC ramp to launch my boat. He did say that he would not have a problem with a person using a Ga ramp to access SC areas. I guess it depends on the warden.


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## nickf11 (Nov 30, 2012)

Guess nobody knows about lakes that border Al? lol. I'll call em.


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## nickf11 (Nov 30, 2012)

rspringer said:


> *Camping out for the split opener? Thats a bold move! *
> 
> I agree with Clint, if the season is closed then I "assume" they could write you a ticket based on their mood because as he said you have no way of proving where you killed those birds to him.



Lol, we're only going to do it if we find something worth it. I've done it a few times where it ended up not being worth it.


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## nhancedsvt (Nov 30, 2012)

You would have got a ticket. From most of the wardens I've run into they don't care what your excuse is. They hear excuses all day long. If they had run into you with freshly killed birds, shotguns, all your gear, I am almost positive you would have gotten a ticket. Think about how many times they probably hear that excuse in a given season that birds were killed across the state line...


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## ThunderRoad (Nov 30, 2012)

yall want to risk it then risk it! I aint about to test the laws and get a ticket for a few ducks. good luck and let us know what the judge says!


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## stringmusic (Nov 30, 2012)

ThunderRoad said:


> yall want to risk it then risk it! I aint about to test the laws and get a ticket for a few ducks. good luck and let us know what the judge says!



Ya' big ol wuss.....

I've cut down trees, broke gates, ran over farm animals and punched an old guy in the mouth for two woodies and some 'gansers. I was pumped bout them 'gansers too!!


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## ThunderRoad (Nov 30, 2012)

stringmusic said:


> Ya' big ol wuss.....
> 
> I've cut down trees, broke gates, ran over farm animals and punched an old guy in the mouth for two woodies and some 'gansers. I was pumped bout them 'gansers too!!



Well I was talkin bout ducks...not gansers. He'll I once kilt a man for a purty ganser hen on the yella river.


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## stringmusic (Nov 30, 2012)

ThunderRoad said:


> Well I was talkin bout ducks...not gansers. He'll I once kilt a man for a purty ganser hen on the yella river.



I won't tell nobody, I bet it was worth it.


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## ThunderRoad (Nov 30, 2012)

stringmusic said:


> I won't tell nobody, I bet it was worth it.



she look good over the mantle and i slept like a baby


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## PaulD (Nov 30, 2012)

Never leave a fight to the judges, a trial to a jury, or a possible citation to a game warden. Y'all need to listen to Client on this. I can tell you, when it comes to fishing, you better have BOTH state licenses. I can't imagine ducks being any LESS strict.


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## Georgia Hard Hunter (Nov 30, 2012)

Guys some of you are making the mistake of interjecting Common Sense into Law Enforcement


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## nickf11 (Nov 30, 2012)

PaulD said:


> Never leave a fight to the judges, a trial to a jury, or a possible citation to a game warden. Y'all need to listen to Client on this. I can tell you, when it comes to fishing, you better have BOTH state licenses. I can't imagine ducks being any LESS strict.



Not true everywhere when it comes to fishing. Don't mean to go off topic here but some lakes have that "agreement" where you only need one or the other. There's a technical name for it but I can't remember it. Clark's Hill and Hartwell have it I believe


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## Joe Overby (Nov 30, 2012)

reciprocity??


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## Wild Turkey (Nov 30, 2012)

Here's a better one.
Its against federal law to transport illegally taken game across state lines. A felony to be exact.


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## emusmacker (Nov 30, 2012)

Ga and SC have the agreement on fishing, not on hunting.


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## Corey (Nov 30, 2012)

emusmacker said:


> Ga and SC have the agreement on fishing, not on hunting.



Well AL/GA have that agreement at least on West
Point and Bartlets Ferry. I have tested both  

I would call DNR and ask to make sure.


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## joey1919 (Nov 30, 2012)

Wild Turkey said:


> Here's a better one.
> Its against federal law to transport illegally taken game across state lines. A felony to be exact.



but accrding to the op they weren't taken illegally. and if the wardon wrote a citation for ''transporting across state lines'' he would be accepting the fact that they were killed in another state therefore nullifying the ''illegally taken'' part

to answer the original question, i'm not sure...but the burden of proof is not on you, its on the state.now i'm not saying some wardon would not write the ticket but what evidence would he have that the ducks were ''killed in his state''. if it were me i would call someone and ask, if i couldnt get a straight answer, i would risk it. but thats me. its your money and time.

keepin mind youre not hunting if the gun is in a case and not loaded. you can camp out with a gun,camping is what you're going to be doing. i see house boats on guntersville at night, i bet some of them have guns...probably even loaded ones

but don't trust any of us, call the gw and write down his/her name(dont know if there are any female wardens but there are female marine police, and if you get checked by the one i did you won't complain, she was very easy to look at)


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## PaulD (Nov 30, 2012)

emusmacker said:


> Ga and SC have the agreement on fishing, not on hunting.



Only on designated reciprical waters. NOT all waters. It's not implied, it's designated!!!!

*****Reciprocal Agreements with Alabama, Florida, North Carolina, and South Carolina allow holders of Georgia fishing licenses to fish the waters covered by the agreement without obtaining a fishing license from the bordering state. Regulations under these agreements may differ from Georgia's general laws and regulations.  If this is the case, the laws and regulations of the reciprocal agreement explained in this section are to be followed.*****

----This agreement does NOT apply to saltwater sport fishing or freshwater and saltwater commercial fishing. 

----A South Carolina saltwater fishing license IS required when fishing from a boat on the SC side of the Savannah River downstream of where the CSX Railroad trestle crosses the Back River. 


Y'all boys are playing a dangerous game and TRUST ME, I can tell you, you don't want to play with this stuff or assume it! I've seen people get ticketed in a tournament for assuming stuff or "thinking" they know what's legal. If you leave it up to the warden and he writes you a ticket, you will waste a day of your life in court trying to prove your case and you'll probably pay the ticket.

--carry on.


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## Gaducker (Nov 30, 2012)

GA dnr could have and probably would  have given you a ticket if they rolled up on you just as you described your boat and its occupants. Now you could have gotten off if you had a game warden who wasnt being a stick that day.


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## stringmusic (Nov 30, 2012)

joey1919 said:


> but accrding to the op they weren't taken illegally. and if the wardon wrote a citation for ''transporting across state lines'' he would be accepting the fact that they were killed in another state therefore nullifying the ''illegally taken'' part
> 
> to answer the original question, i'm not sure...but the burden of proof is not on you, its on the state.now i'm not saying some wardon would not write the ticket but what evidence would he have that the ducks were ''killed in his state''. if it were me i would call someone and ask, if i couldnt get a straight answer, i would risk it. but thats me. its your money and time.
> 
> ...



Great post!


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## vrooom (Nov 30, 2012)

A page and some and most people are debating something different than what the OP asked. 
I asked my local warden this same question once. GA season was closed but I was using a GA ramp to hunt in another state. He told me that if he was at the ramp when I got back in that as long as I could show him my license from the neighboring state he wouldn't bother me. Your warden and mileage may vary. I would call and verify before I believed a bunch of Internet warriors


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## emusmacker (Nov 30, 2012)

PaulD said:


> Only on designated reciprical waters. NOT all waters. It's not implied, it's designated!!!!
> 
> *****Reciprocal Agreements with Alabama, Florida, North Carolina, and South Carolina allow holders of Georgia fishing licenses to fish the waters covered by the agreement without obtaining a fishing license from the bordering state. Regulations under these agreements may differ from Georgia's general laws and regulations.  If this is the case, the laws and regulations of the reciprocal agreement explained in this section are to be followed.*****
> 
> ...



Good post.

And yes, it is a dangerous game. I wouldn't risk it.  But on LakeRussell, and lark Hill where  fish, te reciprocal agreement is strong and steady.


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## nickf11 (Dec 3, 2012)

joey1919 said:


> but accrding to the op they weren't taken illegally. and if the wardon wrote a citation for ''transporting across state lines'' he would be accepting the fact that they were killed in another state therefore nullifying the ''illegally taken'' part
> 
> to answer the original question, i'm not sure...but the burden of proof is not on you, its on the state.now i'm not saying some wardon would not write the ticket but what evidence would he have that the ducks were ''killed in his state''. if it were me i would call someone and ask, if i couldnt get a straight answer, i would risk it. but thats me. its your money and time.
> 
> ...





stringmusic said:


> Great post!



X2. best post on here. I am just tuning back into this thread after being out of town. I was not able to get in touch with anyone in the neighboring state who could give me a straight answer so I didn't bother to risk it. I will try again later just for future refrence. Thanks for all the help on here guys.


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## king killer delete (Dec 3, 2012)

*Ticket time.*



clent586 said:


> Go to the Savannah River and pull up on the SC bank without a SC license and 5 ducks in the boat and a gun......just as a little project to see what will happen.


 South cac a lacky dont play. Is what you will be doin


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