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State Constitutional Right to Hunt & Fish

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State Constitutional Right to Hunt & Fish

Postby grndslm » Wed Oct 22, 2014 5:15 pm

There are 17 states that currently have the Right to Hunt & Fish enumerated among their other state constitutional rights...

Alabama 1996
Arkansas 2010
Georgia 2006
Idaho 2012
Kentucky 2012
Louisiana 2004
Minnesota 1998
Montana 2004
Nebraska 2012
North Dakota 2000
Oklahoma 2008
South Carolina 2010
Tennessee 2010
Vermont 1777
Virginia 2000
Wisconsin 2003
Wyoming 2012


What's funny to me is that the couple that I researched still have licensing requirements. What gives??
A lawyer cannot claim that you have rights. -- U.S. v. Johnson, 76 F. Supp. 538

"When Tyranny becomes Law, Rebellion becomes Duty." -- Someone from the Confederacy, circa 1860
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Re: State Constitutional Right to Hunt & Fish

Postby PHOSPHENE » Thu Oct 23, 2014 1:32 am

You also have a right to be taxed. How does that work? Perhaps you should waive your right to taxes, exactions, and licenses. ;)
civil-rights-exactions-of-every-kind-t3336.html?hilit=exactions

PHOSPHENE wrote:42 U.S.C. § 1981 : US Code - Section 1981: Equal rights under the law
Search 42 U.S.C. § 1981 : US Code - Section 1981: Equal rights under the law

(a) Statement of equal rights
All persons within the jurisdiction of the United States shall
have the same right in every State and Territory to make and
enforce contracts, to sue, be parties, give evidence, and to the
full and equal benefit of all laws and proceedings for the security
of persons and property as is enjoyed by white citizens, and shall
be subject to like punishment, pains, penalties, taxes, licenses,
and exactions of every kind,
and to no other.
"This Constitution is said to have beautiful features; but when I come to examine these features, Sir, they appear to me horribly frightful" - Patrick Henry (June 7, 1788)
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Re: State Constitutional Right to Hunt & Fish

Postby palani » Thu Oct 23, 2014 8:14 am

Licenses are required to engage in commerce. It is the commerce that is being regulated rather than any right to survive.

When you are hauled into court the remedy the state seeks is in commerce. Even if no fine is involved except for jail time bonds are created that the state makes money from.
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Re: State Constitutional Right to Hunt & Fish

Postby PHOSPHENE » Thu Oct 23, 2014 11:53 pm

palani wrote:Licenses are required to engage in commerce.

Yeah, in legal land, taking fish home with you is considered importing.
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Re: State Constitutional Right to Hunt & Fish

Postby palani » Fri Oct 24, 2014 6:17 am

PHOSPHENE wrote:Yeah, in legal land, taking fish home with you is considered importing.

In DNR terms this is 'transporting'. Even if you find a dead deer and decide to salvage the head and antlers you need a license to transport (or else).
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Re: State Constitutional Right to Hunt & Fish

Postby PHOSPHENE » Fri Oct 24, 2014 8:07 am

Yeah hunting on your master's plantation without his permission is a no-no. Even if it's already dead.

Stateless individuals are also "free game". The deer and rabbits live "on the land", just like the freemen do.
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Re: State Constitutional Right to Hunt & Fish

Postby Steve_Lujack » Fri Oct 24, 2014 3:24 pm

palani wrote: Even if no fine is involved except for jail time bonds are created that the state makes money from.


might you post one of these Bonds, please
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Re: State Constitutional Right to Hunt & Fish

Postby palani » Fri Oct 24, 2014 3:59 pm

Steve_Lujack wrote:might you post one of these Bonds, please

Why? Do I owe you money?
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Re: State Constitutional Right to Hunt & Fish

Postby grndslm » Sun Oct 26, 2014 2:21 pm

Miranda v. Arizona 384 U.S. 436, at page 491: "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

Miller v. U.S. 230 F.2d 486, 489 (1956): "The claim and exercise of a constitutional right cannot be converted into a crime"

Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). “Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right... may ignore the law and engage with impunity in exercise of such right.”

Sherer v. Cullen, 481 F. 946 (1973): "There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights."
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Re: State Constitutional Right to Hunt & Fish

Postby PHOSPHENE » Sun Oct 26, 2014 4:20 pm

grndslm wrote:Miranda v. Arizona 384 U.S. 436, at page 491: "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."

Miller v. U.S. 230 F.2d 486, 489 (1956): "The claim and exercise of a constitutional right cannot be converted into a crime"

Shuttlesworth v. Birmingham, 394 U.S. 147 (1969). “Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right... may ignore the law and engage with impunity in exercise of such right.”

Sherer v. Cullen, 481 F. 946 (1973): "There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights."

"Fishing" is not an un-a-lienable right. It's not protected by the Constitution. Otherwise, any dirty hippie could wander onto your property and take fish from your ponds, because it's his "birth-right".

At the end of the day, "government" presumes it owns everything, and that you are trespassing. A fishing license is permission to fish on the Lord's land. A driver's license is permission to drive on the Lord's roads. etc. etc.
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