No Plug - Fine and loss of gun

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No Plug - Fine and loss of gun

Postby Twotone » Wed Dec 31, 2008 6:37 am

Was hunting a state property last week and got a visit from the enviromental police. Gave him my license and he checked my gun, I did not have my plug in and had 4 shells in the gun :oops: .
We go back to the parking lot and three state trucks are blocking the road. It seems the locals were complianing about hunters and shooting after hours, even though I quit hunting on time and the spot I was at was legal.
They asked me a bunch of questions and I cooperated, although they took my gun and I have to go to court to get it back. For not having a plug in it :mad:
I made a mistake, and should have had my plug in. My question is do they have the right to take my gun ?
I answered the office yes and no sir and was completely cooperative and had all my stamps and licenses.
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Postby Dylandawg » Wed Dec 31, 2008 8:22 am

If you read into the laws the state has every right to confiscate everything associated with your hunt including you vehicle, boat, decoys, game and yes even your dog as evidence. For minor infractions I've only known them to hold your gun. They do have the right to keep the gear permanently but I have never known them to do it with minor violations. Expect a $100.00 fine plus court costs which is around $50.00 After you pay the fine you should be able get you gun back. Last I knew, the gun would be kept at the Wickford office for pickup.

They can even suspend your hunting license from 1 year to permanently for your first violation. You have to be doing something more then what you were charged for, like pouching or resisting arrest. Your attitude at the scene has a lot to do with that too. It used to be on the ticket and still might be, there is a line on the ticket that states what your attitude was at the time of ticketing.

DEM has been pushing to do away with court appearances for minor infractions and just issue a fine on the spot. Due to RI General Laws any infraction has to go to court still. It keeps getting shot down in the general assembly sessions.
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Postby rifleman » Wed Dec 31, 2008 10:46 am

:huh: I'd like to know how you forgot your plug and also why you knowingly loaded 4 rounds in the tube?

:no: I am having a hard time feeling bad for you!
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yeah

Postby Flier » Thu Jan 01, 2009 9:29 am

Yeah I gotta go with Rifleman on this one. Maybe if you just had three shells in the shotgun, you may have had a better chance.
My gun was checked once, but he merely counted the shells. He did not check for the plug. Didn't even look in the tube.
Good luck, hope you get it taken care of for next season.
Not hard to hit, just easy to miss.


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Postby Twotone » Sat Jan 03, 2009 5:50 am

[quote="rifleman"]:huh: I'd like to know how you forgot your plug and also why you knowingly loaded 4 rounds in the tube?

:no: I am having a hard time feeling bad for you![/quote

Not looking for pity, I made a mistake although I was not aware they could take my gun. I offered to pay the fine thier and keep my gun.
Lesson learned.
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Postby MIKE J. » Sat Jan 03, 2009 7:43 am

Take it as a tough lesson learned, hopefully you will get your gun back.

Remember that the laws and regs are for everyones safety and to protect the resource. The EPO's are just doing thier job :thumbsup:

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Postby DeadDuckCapt. » Thu Jan 08, 2009 7:03 pm

Chances are you will be receiveing a letter in the mail stating your 09-10 license will be re-voked for one year. :thumbsdown: Plugs are cheap.
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Postby old1neck » Thu Jan 08, 2009 7:21 pm

so what kind of gun did you donate to DEM?
What time is shooting time?
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Postby NUMMA11406 » Tue Jan 27, 2009 5:39 pm

everyone makes mistakes my friend. Most of us old schoolers will give you the benefit of the doubt. Unfortunately they can confiscate anything they want these days. It is the guilty until proven innocent adage now. Face it and live with it.

However when they wrote you the ticket did they give you another sheet that described what they confiscated? If so does it say seized for evidence or forfeiture. If it is for forfeiture you can have a civil hearing to try and get it back now or pay a cash bond in lieu of. If you win your case they will refund your money. If it is seized for evidence you cant get it back unless your lawyer gets it or the case is won. I suggest hiring an attorney, yes may be alot of money but if you are in fact telling the truth isnt it worth it based on the principal of the matter? We already have a world full of self righteous do gooders that enjoy brandishing their perception of the laws. System is stacked against you. I am unfortunately part of this very same system. However the burden of proof is on the state and if you take this to a hearing or a jury trial remember that it has to be proven beyond a reasonable doubt. good luck
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Postby rifleman » Tue Jan 27, 2009 7:16 pm

:huh: Forget about it! Eat it!

Believe me its a small price to pay.
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Postby greencop43 » Tue Jan 27, 2009 7:25 pm

I dont understand something, the first post says he had four shots in the gun as well as no plug. You call the officers ....... "self righteous do gooders that enjoy brandishing their perception of the laws". What preception of the law do you see, 4 shots and no plug is a violation there does not seem to be much of a gray area here.
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Postby Otto » Tue Jan 27, 2009 7:32 pm

NUMMA11406 wrote:everyone makes mistakes my friend. Most of us old schoolers will give you the benefit of the doubt. Unfortunately they can confiscate anything they want these days. It is the guilty until proven innocent adage now. Face it and live with it.

However when they wrote you the ticket did they give you another sheet that described what they confiscated? If so does it say seized for evidence or forfeiture. If it is for forfeiture you can have a civil hearing to try and get it back now or pay a cash bond in lieu of. If you win your case they will refund your money. If it is seized for evidence you cant get it back unless your lawyer gets it or the case is won. I suggest hiring an attorney, yes may be alot of money but if you are in fact telling the truth isnt it worth it based on the principal of the matter? We already have a world full of self righteous do gooders that enjoy brandishing their perception of the laws. System is stacked against you. I am unfortunately part of this very same system. However the burden of proof is on the state and if you take this to a hearing or a jury trial remember that it has to be proven beyond a reasonable doubt. good luck


wow Scotty...please enlighten us on your situation, sounds like you have a wealth of information on the subject...
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Postby NUMMA11406 » Wed Jan 28, 2009 1:51 pm

Once again who the hell is scotty??? back to refuge forums young man
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Postby Otto » Sun Feb 01, 2009 10:15 am

NUMMA11406 wrote:Once again who the hell is scotty??? back to refuge forums young man


oh so very sorry, please accept my apologies! I thought you were Scott W_ _ _ _ _ _ _ _ _ _ that recieved a lifetime hunting license suspension from Washington and still decided to hunt last year and got caught twice as reported in the Washington Game Warden Association magazine, spring 08 issue...

Once again sorry for the mix-up.. I'll have to give a spanking to the PM'er who sent the info...
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Postby NUMMA11406 » Mon Feb 02, 2009 12:48 pm

Just talked to that individual and he says thanks for correcting yourself and I will have that same PM'er pass your information on to that individuals attorney along with the information you are slinging which constitutes defamation of character and slander.

So once again thanks alot and God bless you for being so kind and concerning yourself with that individuals business. He will be so appreciative to add all of these threads to the file his attorney has on you already and your wonderful ability of reporting the one side view of the facts Mr. Otto.

Pretty sure that this type of information doesnt really concern the Rhode Island forum. Give them a break ok and head on back to Washington forum. You take care now Mr. Slinger and that individuals attorney is waiting for more.

Good luck and God bless you thanks for being such an awesome waterfowler and representing such great character traits. :biggrin:

No further response required unless you want to pad the attorneys case file.
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Postby TUNDRAS EIDER BAND » Mon Feb 02, 2009 12:52 pm

:love:
cut em all Jack
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Postby lutnerundlagner » Mon Feb 02, 2009 1:35 pm

is that B. Otto, or one of the otto Brohams? Welcome to Rhode Island forums
" I-dentical"
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Postby Otto » Fri Feb 06, 2009 9:01 am

lutnerundlagner wrote:is that B. Otto, or one of the otto Brohams? Welcome to Rhode Island forums


we are not related...
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Postby samsquanch » Fri Feb 06, 2009 11:01 am

Take it as a lesson learned. I check my gun about ten time before i go out and then once more in the blind. I dont take the plug out to clean it till the end of the year, but i guess its my ocd that tells me to make sure.

Lastly how the heck do you load the extra shell?

Im all for innocent before proven guilty but greencop is right no plug four shells in the gun....not much to argue. Now if there were three shells and no plug maybe you had a chance just my 2 cents
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