Banned from hunting for two years over permit!

[4hisglory]

About a year ago, I read an article that touched home. I believe it was called "Are Wardens Out to Get You". In 2006 I was involved in an incident where an outfitter had my party to purchase illegal permits, or permits where he didn't take us, although he had land there. Federal agents raided my father's house six months afterwards and confiscated four deer heads with mine being the biggest at 154". At the time I lived in TN. I was given a lawyer's info in NE from a lawyer friend in town. The NE attorney advised not to go with a jury trial against my request having read the suggestion from the mentioned article. My mother and I went to court to fight the charges. Due to her financially situation, she was appointed an attorney by the state. To make a long story short, she was found not guilty and I was found guilty, although we hunted in the blind together and both shot deer. I'm a paralyzed veteran of thirteen years. I was fined $2025 and banned from hunting for two years not because I was hunting at night or out of season, but because I had an improper permit; a difference of $255 from a statewide permit. Although my mother was found not guilty, the federal agent behind the investigation has declined to return my mother's antlers. What was supposed to be a hunt of a lifetime now has turned into a death sentence to me not being able to hunt for two years. I paid $750 for a guide to take me hunting and I get taken advantage of.  Can anything be done about our judicial system?

[Bryan78]

ORIGINAL: 4hisglory

About a year ago, I read an article that touched home. I believe it was called "Are Wardens Out to Get You". In 2006 I was involved in an incident where an outfitter had my party to purchase illegal permits, or permits where he didn't take us, although he had land there. Federal agents raided my father's house six months afterwards and confiscated four deer heads with mine being the biggest at 154". At the time I lived in TN. I was given a lawyer's info in NE from a lawyer friend in town. The NE attorney advised not to go with a jury trial against my request having read the suggestion from the mentioned article. My mother and I went to court to fight the charges. Due to her financially situation, she was appointed an attorney by the state. To make a long story short, she was found not guilty and I was found guilty, although we hunted in the blind together and both shot deer. I'm a paralyzed veteran of thirteen years. I was fined $2025 and banned from hunting for two years not because I was hunting at night or out of season, but because I had an improper permit; a difference of $255 from a statewide permit. Although my mother was found not guilty, the federal agent behind the investigation has declined to return my mother's antlers. What was supposed to be a hunt of a lifetime now has turned into a death sentence to me not being able to hunt for two years. I paid $750 for a guide to take me hunting and I get taken advantage of.  Can anything be done about our judicial system?

Well our judicial system is a joke and needs overhauled severely but can you sue the outfitter for the mistake?  I know in the end it is YOUR responsibility to check everything but I would think since you paid HIM to take you he should have at least verified that everything was in order.

Also you said "Federal Agents" raided your house, where you hunting on Federal land?  If not, then why would the Feds even bother messing with you since it would have been a state matter and not a federal one.  You stated that you lived in TN at the time, so where do you live now?  And where you only banned in NE for two years?  If so, then don't worry too much about it then if you don't live in NE, just hunt in the state where you live now or hunt somewhere since they have no legal jurisdiction there.  I sympathize with you, but you left too many questions to be answered to get a good response from.

I would talk to your lawyer about suing the outfitter for damages if you haven't already.

[14milecreekbucks]

I would definatley take issue with the outfitter. In the future however I would definatley not allow someone to guide me on a hunt that I was not positive on the up-and-up. However, being the outfitter they should be the experts and they should know exactly what types of tags are required. Have a friend who works with DNR and I can say that outfitters and taxidermist are scrutinized more than the general public.

[4hisglory]

Because we traveled across state line with the meat and antlers, it's consider a federal offense otherwise known as the Lacy Act. I moved to SE Illinois 18 months ago to be closer to bigger deer. The no-hunting or fishing is nation wide. I can't even be around hunters during season when they come in from the field. The outfitter was fined $40,000 and banned 5 years for other illegal stuff he got caught doing.

[hookset6969]

This story makes me sick and how these people sleep at night I have no idea[:@] You know and people wonder sometimes why thing's happen to people that over use the law? These people ought to be after crack dealer's rapest, ETC or the REAL poacher, This is just a chicken s--t move, I wish you all the luck, Please keep us updated.

[hookset6969]

4HISGLORY, one last thing, thank you for your service [:D]

[4hisglory]

You're welcome!

[4hisglory]

My biggest deer. Not only did the court system take it, but 2 years of hunting and fishing. What is a guy in a wheelchair supposed to do with his time who enjoys the most being outdoors?

[hookset6969]

4HISGLORY, I tell you what if I were rich me and you would be in court together [:D] however I'm a laid off heavy equipment operator [:@] Whatever happened to the outfitter and have you thought of contacting the NRA for some legal advice, I don't know if they could do anything but it sure wouldn't hurt to see, And maybe someone on this site might have some good legal info for you once they read your post, Best of luck, Kurt

[hookset6969]

4HISGLORY--this is Hookset's wife and I am absolutely livid at what happened to you and your mom!!! I would like to know on what grounds this federal agent is keeping your mom's taxidermy? She was found not guilty, so it is no longer considered evidence....how can they just keep it? What a freakin crock of garbage!! And how were u found guilty and her not? Sorry, I dont mean to pry or be nosy, but I would most definitely spend some time calling around to find out how to appeal your case....our justice system is sooooo corrupt......they have no respect for anything other than their bulls--t agenda and a way to steal a dollar......ok it's better that I dont even get started about that one!! Haha!!! Surely there is someone out there who knows how to better deal with this sort of thing than a state-appointed attorney.....if I were a lawyer, I'd represent you and it wouldnt cost you a dime!! Thank you for your service to our country....you ARE appreciated! I wish the best for you! [:)]