Wyoming Corner Crossing Defense Fund

[WapitiBob]

Here's a thread detailing the discussion of the incident Buzz mentioned, complete with commentary by the high flyer.

Wyoming Trespass Laws in Checkerboard | Wyoming

Let's say you want to hunt a section of Checkerboard BLM. To get to it, you have to drive (trespass without permission) across a section of Private ground via an established two track. You get to the BLM section and then commence to hunt. Since you did trespass through Private, what is the...

www.monstermuleys.info

 

[QuazyQuinton]

Here's a thread detailing the discussion of the incident Buzz mentioned, complete with commentary by the high flyer.

Wyoming Trespass Laws in Checkerboard | Wyoming

Let's say you want to hunt a section of Checkerboard BLM. To get to it, you have to drive (trespass without permission) across a section of Private ground via an established two track. You get to the BLM section and then commence to hunt. Since you did trespass through Private, what is the...

www.monstermuleys.info

In Oregon we've been through the courts to determine that ODFW cannot regulate possession of firearms, so the presence of a firearm in a pickup could not be used to establish the action or intention of hunting. I can see criminal trespass in the story, but I can't quite wrap my mind around there being a hunting/wildlife violation. Is Oregon different from Wyoming?

QQ

 

[idahohuntr]

Bill currently in the pipeline. In my uneducated opinion, this would make it illegal to corner-cross and enable wardens to cite hunters: https://www.wyoleg.gov/Legislation/2022/HB0103

Some folks previously cited state legislature responses as a reason not to push this issue. Even if this bill were more clear about explicitly addressing corner-crossing...I say keep the pedal down BHA...vagueness is not the friend of the public land hunter on this issue...and politically it will be a long-term loser trying to keep public off public lands.

 

[WapitiBob]

There wasn't a hunting violation, it was simple trespass as Buzz noted. The perps did everything correctly to make sure it wasn't a game violation but evidently forgot driving across private land without permission was simple trespass.

I remember when ODFW got their hand slapped. I believe OR and WY are essentially the same; you can carry a weapon in the woods without a license, even during season, as long as you aren't hunting. Second Amendment stuff, personal protection, etc..

 

[QuazyQuinton]

There wasn't a hunting violation, it was simple trespass as Buzz noted. The perps did everything correctly to make sure it wasn't a game violation but evidently forgot driving across private land without permission was simple trespass.

I remember when ODFW got their hand slapped. I believe OR and WY are essentially the same; you can carry a weapon in the woods without a license, even during season, as long as you aren't hunting. Second Amendment stuff, personal protection, etc..

OK, then my non-legal mind understands this the same as you. I try to avoid reading that other forum too closely, because I can feel my brain cells dying when I do.

QQ

 

[VikingsGuy]

FWIW - an opinion letter from a former AG is not binding on any court or any future AG. Hell even the originating AG can later flip-flop on their position.

 

[Dakotakid]

FWIW - an opinion letter from a former AG is not binding on any court or any future AG. Hell even the originating AG can later flip-flop on their position.

And not binding on the legislature.

 

[Wind Gypsy]

Weak Sauce takes from TRCP and WWF..

 

[BuzzH]

Safe to say the WYBHA board vote to support the Defense Fund was not unanimous?

It was unanimous in support of the Defense Fund.

 

[Deleted member 18333]

It was unanimous in support of the Defense Fund.

Interesting. Thank you.

 

[BuzzH]

Interesting. Thank you.

Check your PM's...I know where you were going.

 

[JM77]

It was unanimous in support of the Defense Fund.

Was it? Maybe for those present at the vote.
My understanding is a board member quit over the outcome of the vote. Correct me if I'm wrong.

 

[BuzzH]

Was it? Maybe for those present at the vote.
My understanding is a board member quit over the outcome of the vote. Correct me if I'm wrong.

Both are true.

 

[Sytes]

Who knows. Some judges rule quickly to frame issues for settlement or kick things early. Others wait until right before trial. A few have even been known to hold potentially dispossitive motions until after trial (super frustrating and should be grounds for impeachment).

or opens motions for mistrial... correct?

Its 66 pages...I have a copy of it but not sure how to post it here as its in a PDF.

Use "attach files" at the bottom of your post portion - paperclip. It's specifically set to attach .pdf's. I've attached a 200+ page pdf without issue.

Would be quality for people to learn the actual process.

 

[Sytes]

FWIW - an opinion letter from a former AG is not binding on any court or any future AG. Hell even the originating AG can later flip-flop on their position.

The AG specifically stated this in his opinion. Refer to attached .pdf

 

[VikingsGuy]

or opens motions for mistrial... correct?

Nope. They eventually rule and that ruling can generally be appealed, but not a mistrial.

 

[VikingsGuy]

No it won't...

For starters, go back and read the title 23-303-5 AG opinion, it specifically refers to "corner crossing" as the action that is not prosecutable under title 23, as there is no "intent" to hunt the private.

Further, what private property is being entered upon or through corner crossing?

IF, and that's a big IF, the first time a warden scratches a ticket disregarding the AG opinion, even under this new language it would be thrown out.

This bill is what you get from frustrated landowners who feel like they have to do something, so they can lock us out of public land.

If passed as is, this would reverse the AG opinion letter, but would still not address whether "hopping" over corners is trespass in the first place.

The AG's letter said corner crossing to hunt public behind the corner is not a violation of 23-303-5 because there is no intent to hunt on the private land at the crossed corners regardless of trespass or not. 23-303-5 at the time focused on the location of the intended hunt, not the path to get there. The posted bill reverses this and would make corner-crossing a violation of the amended 23-303-5 to the extent the "air space" above those corners are the private owner's property. It also brings into play folks who in fact trespassed by missing the proper corner even though their hunt was entirely on public.

 

[BuzzH]

If passed as is, this would reverse the AG opinion letter, but would still not address whether "hopping" over corners is trespass in the first place.

The AG's letter said corner crossing to hunt public behind the corner is not a violation of 23-303-5 because there is no intent to hunt on the private land at the crossed corners regardless of trespass or not. 23-303-5 at the time focused on the location of the intended hunt, not the path to get there. The posted bill reverses this and would make corner-crossing a violation of the amended 23-303-5 to the extent the "air space" above those corners are the private owner's property. It also brings into play folks who in fact trespassed by missing the proper corner even though their hunt was entirely on public.

No offense, but we're going to get an opinion from the lawyers involved.

 

[VikingsGuy]

No offense, but we're going to get an opinion from the lawyers involved.

No offense, but your remarks were misleading to other readers, but we all look forward to the involved lawyers thoughts.

 

[BuzzH]

No offense, but your remarks were misleading to other readers, but we all look forward to the involved lawyers thoughts.

I think you need to re-read the AG opinion, I don't agree with your previous assessment and I wasn't misleading anyone.

Thank you for your concern in Wyoming's AG opinions...I can give you Cranks phone number if you want to argue with him.

Anytime you want to move to Wyoming and tackle these issues and co-chair the WYBHA board...I'll write you a letter of recommendation and gladly let you take it over.