GUN Hunter may face charges for ‘scoping’

Discussion in 'On Topic' started by TL1000RSquid, Nov 18, 2007.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Hunter may face charges for ‘scoping’
    By Tribune staff

    .
    Hunters took to the field Saturday amid snow, wind and falling temperatures, and the first day of the hunt was safe and quiet, according to area county sheriff’s departments.

    In La Crosse County, one hunter faces a possible felony charge for pointing his rifle at a DNR game warden.
    .

    The incident happened early Saturday as Warden Henry Bauman approached a hunter in a stand. The hunter said he was not going to shoot but was using the rifle’s scope to see who was coming, Bauman said.

    The practice is called “scoping,” and it’s a felony offense if the hunter knows he is pointing at a game warden, a misdemeanor if pointing at anyone else. While it’s common to use scopes to spot other members of a hunting party and to monitor people or vehicles, Bauman said, it is illegal and unsafe. Bauman said he is referring the incident to the

    La Crosse County District Attorney’s Office.
     
  2. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Spotting scopes and binoculars are for looking at people. I'd be pissed too if I saw someone doing it to me. Although I disagree with it being a felony for doing it to a warden and only a misdemenor for doing it to a regular citizen.
     
  3. P07r0457

    P07r0457 New Member

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    I agree 100% with the charges. YOU DO NOT POINT A WEAPON AT ANYTHING YOU DO NOT INTEND TO DESTROY!

    You need binoculars for scouting.
     
  4. SlowTA367

    SlowTA367 New Member

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    :werd:
     
  5. VladTemplar

    VladTemplar New Member

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    Yeah, you shouldn't do it.

    If I had nothing else though and I heard someone coming towards me, I'd do it. Any decent lawyer will argue that he put his scope up to see if the person coming towards him was a threat.

    Law 101: Proving intent is HARD.
     
  6. Paul Revere

    Paul Revere OT Supporter

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    :werd: considering that (according to the article) its a common thing to do, he might be able to walk
     
  7. [DWI]

    [DWI] Master of Nothing

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    scanning through a scope when you think there are no humans there is one thing, but using the score to ID what you know is a human . . . not such a bright idea. If there were to think that it was a legitimate threat to their safety . . . "he pointed a gun at me so I eliminated to threat to myself by firing at him" sounds a lot better in court than "I just wanted to see who he was so I pointed a gun at him"
     
  8. Ebtromba

    Ebtromba Active Member

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    damn

    I have never thought of this..shit.

    shit I have done this a couple times when I was much younger...but my dad told me to open the action when I do it so thats how I did it.

    Did not realize there was a law against it. and I have to say I agree with the law.
     
  9. Willie J

    Willie J New Member

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    you should never aim a gun at anyone regardless of what for, but he shouldnt be charged
     
  10. skeletor25rs

    skeletor25rs Yetis & Deer

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    If you know that no one else is supposed to be on your land then they are a potential poacher. I don't think it's illegal to "scope" a poacher/trespasser.
     
  11. Willie J

    Willie J New Member

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    . but game wardens come can come up on your land through the water
     
  12. blindarrow

    blindarrow New Member

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    The fuck kinda sense does the game warden think it makes to go trouncing through the woods during hunting season unannounced?

    Yea, the guy's in the wrong for using his weapon to scout.. but the warden is in the wrong too.
     
  13. camo~

    camo~ I LURK

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    Do WHAT? What do you expect the warden to do? He can go in with a siren. His job is to catch people breaking the law. Do you expect the hunters to walk around with a bullhorn announcing their presence too.
     
  14. VladTemplar

    VladTemplar New Member

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    We also don't know all the facts here, but I can guarantee you that if that game warden wasn't covered head to toe in safety orange the defense attorney is going to bring up the fact that the man was responding to what he perceived as a threat.

    I'm just going to say that based on my limited legal understanding the state would have a serious burden of proof to bring forward to charge this guy and even then they're looking at a difficult trial if they're going to press criminal charges. More than likely the DA's office will tell the game warden they're nothing they could honestly do.
     
  15. skeletor25rs

    skeletor25rs Yetis & Deer

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    They should probably establish a cordial working relationship with the land owner before showing up unannounced or risk being "scoped".

    On leased land the scenario would be completely different.
     
  16. mauk

    mauk OT Supporter

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    :werd:
     
  17. [DWI]

    [DWI] Master of Nothing

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    The amount of what they have to prove varies a lot by the exact test of the law, at the very least the prosecutor will have to prove that the hunter knew it was a human being when he pointed the gun. Other than that everything else they might have to prove depends on the text of the law. Plus they can always bargain on it with misdemeanor charge against doing it to anyone else.
     
  18. hsmith

    hsmith OT Supporter

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    police are special dude



    :hsugh:
     
  19. VladTemplar

    VladTemplar New Member

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    Hence why I said proving intent is hard. If the hunter was smart and kept his fucking mouth shut then he turned nothing over to the police. His attorney would have told him to keep his mouth shut and when the DA tries to strike a deal on a misdemeanor charge the defense attorney will KNOW they've got nothing to prove intent and thus won't take the deal.

    This guy is getting off, I'd be money on it.

    I can't wait to be in law school!
     
  20. DaninTexas

    DaninTexas OT Supporter

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    Tile :Johnny Cash - I Hung My Head
    This is lyrics from www.lyrics007.com
    Early one morning
    With time to kill
    I borrowed Jebb's rifle
    And sat on a hill
    I saw a lone rider
    Crossing the plain
    I drew a bead on him
    To practice my aim

    My brother's rifle
    Went off in my hand
    A shot rang out
    Across the land
    The horse, he kept running
    The rider was dead
    I hung my head
    I hung my head

    I set off running
    To wake from the dream
    My brother's rifle
    Went into the sheen
    I kept on running
    Into the south lands
    That's where they found me
    My head and my hands

    The sheriff he asked me
    Why had I run
    And then it came to me
    Just what I had done
    And all for no reason
    Just one piece of lead
    I hung my head
    I hung my head

    Here in the court house
    The whole town was there
    I see the judge
    High up in the chair
    Explain to the court room
    What went through you mind
    And we'll ask the jury
    What verdict they find

    I felt the power
    Of death over life
    I orphaned his children
    I widowed his wife
    I begged their forgiveness
    I wish I was dead
    I hung my head
    I hung my head

    I hung my head
    I hung my head

    Early one morning
    With time to kill
    I see the gallows
    Up on a hill
    And out in the distance
    A trick of the brain
    I see a lone rider
    Crossing the plain

    And he'd come to fetch me
    To see what they'd done
    And we'd ride together
    To kingdom come
    I prayed for god's mercy
    For soon I'd be dead
    I hung my head
    I hung my head

    I hung my head
    I hung my head

    http://www.youtube.com/watch?v=kfqM0AYAYCY
     

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