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To: Ronaldus Magnus
Good advice:

Bad advice, wardens can enter private property to enforce the game laws at will. A student following his advice will end up with an expensive citation and probably a suspension of hunting privledges for several years. The police will not charge the warden with tresspassing, because he's not, though if the student makes a big enough scene, they'll probably arrest him for disturbing the peace.

107 posted on 01/11/2009 4:22:19 AM PST by SJackson (The American people are wise in wanting change, 2 terms is plenty, Condi Rice)
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To: SJackson
Bad advice, wardens can enter private property to enforce the game laws at will.

Not legally. The law states that they must still have a reasonable suspicion of illegal activity to go onto private property.

A student following his advice will end up with an expensive citation and probably a suspension of hunting privledges for several years.

Nothing in his teachings was explicitly illegal. Barring other illegal activities or vindictiveness amongst the DNR wardens, those following this advice in a polite and respectful manner are no more likely to incur an added penalty.

The police will not charge the warden with tresspassing, because he's not,

Of course he may be trespassing. DNR wardens, or any law enforcement officers for that matter, are in no way above the law even in the performance of their duties. Although the trespassing offense may not be enforced at the discretion of the responding officers, there is nothing wrong with reporting the infraction and asking to file a complaint. Certainly getting other law enforcement involved or even other witnesses is a positive step in deescalating these sorts of situations.

though if the student makes a big enough scene, they'll probably arrest him for disturbing the peace.

Hardly. Generally neither side wants to escalate the situation, and usually DNR wardens are reluctant to file non-regulatory citations without non-DNR law enforcement present. The best part of this instructor’s advice, however, was in putting the firearm in question on the ground rather than handing it directly to the officer. From a legal as well as a firearm handling viewpoint, this is excellent advice and is clearly to the benefit and safety of both parties.

The DNR's clear objective in censoring this instructor and by issuing this new unlawful order is to further the lie that they are above the law as well as furthering the misbelief that citizens need to comply with their every order. This isn't in anyone's long term interest, particularly not for the safety of DNR personnel. To the contrary, Wisconsin is a state where citizens have a explicit legal right to disobey unlawful orders by law enforcement. Having a state regulatory agency engage in un-lawful confiscations will increase the likelihood of confrontation and violence for both sides.

131 posted on 01/11/2009 10:47:05 AM PST by Ronaldus Magnus
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