Revise MT Tagging law

[TheJason]

You can try and spell things out so that everyone reads it the same, but it'll be like pushing rope uphill.

I am in firm agreement to read the regulations, no question asked. However, say it is changed to read that the animal should be tagged prior to moving it from the kill site. Does that mean if I'm hanging quarters in a tree that I am moving it from the kill site? What if I roll it downhill 40 feet?

Buzz, I'll refer to the example you provided of a friend who was ticketed for packing elk quarters and the tag was not on his person. That warden is suffering from idiocy, ignorance of the law, and lack of common sense. You can't fix that legislatively, nor can you fix it with certain types of folks in supervisory positions.

 

[Jim-MN-ELK]

Ok... if this tagging incident would have happened to some of you ... and those same people had spent the time that I have in reading the MT Laws that pertain to hunters AND the laws governing wardens, you might see my point. HE MUST show that the animal was either taken or possessed unlawfully. The violation of taking 20 minutes to attach the tag was neither a taking or possessing violation. I would have paid the $135 fine... and even OFFERED to pay the fine as a lesson learned.

I was informed that I was going to be charged with the tagging violation 87-6-411 and I could appear in court to make my plea. Next he told me he was going to take my elk and keep the head as evidence. The meat would be processed and froze until a ruling is made and the case is over. Over my verbal objections he took my elk. At no time did he produce a warrant to take my elk and tell me that he was going to confiscate it. According the same statue that he charged me with it specifically states the elk is my property. 87-6-411” When a game animal has been lawfully killed and the proper tag, coupon, or other marker is attached to the game animal that was killed, the game animal becomes the property of the person who lawfully killed the animal and may be possessed, used, stored, donated to another or to a charity, or transported.” He never accused or charged me with taking the elk unlawfully. I had the proper tag on the animal at the time it was first inspected and I only removed at the direction of the Warden who didn't want to get his feet wet..

This was all filmed from Hwy. 89 and that tape is evidence. He wanted to be a TV star and overstepped his authority. They now refuse to view the tape with us. Now if "some of you" can't see or can't understand that this is why the law has been changed, look up and read ALL the laws.

By Montana Statue it is my animal, my property (SS# 87-6-411).

According to Montana Code - Section 87-1-502 QUALIFICATIONS, POWERS, AND DUTIES

Montana Code Section 87-1-506 Enforcement powers of Wardens explain that he can only seize the animal if it was taken or possessed in violation of the law. “87-1-506

 

[TheJason]

Without splitting hairs and/or arguing the technicalities, if you have an elk in your possession that is not legally tagged then you are not in legal possession of said animal.

He would not need a warrant to confiscate the animal. If he has probable cause to believe the elk was not legally tagged, then he can confiscate the elk as contraband for the reason stated above.

 

[Gerald Martin]

JLS, if I understand Jim correctly, the elk was indeed tagged by the time the warden made his approach. I would guess most judges and juries would consider that legal possession.

 

[TheJason]

JLS, if I understand Jim correctly, the elk was indeed tagged by the time the warden made his approach. I would guess most judges and juries would consider that legal possession.

Gerald, that's the way I understand it also. However, if he had the elk in his possession and it was untagged for any length of time beyond "immediately", then it would be illegally possessed. That is the black and white of the law, however, I feel there is obviously room for a healthy dose of common sense.