seeth07
Well-known member
I think this is actually a good thing assuming there is a hunter willing to take this all the way and fight it.
Schaaf
Well-known member
Luke_with_a_lab
Well-known member
How can they say “it remains unlawful”. I thought it was neither legal or illegal. Didn’t they just used to say they recommended against it?
rogerthat
Well-known member
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- Aug 29, 2015
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- 2,977
Yeah this is exactly correct. It’s not legal or illegal in this state. It’s really something this agency in our state that disrespects 90% of the hunters.
BuzzH
Well-known member
Hank and his Boss didn't like the decision its safe to say?
perma
Well-known member
Montana is in the running for wildlife agency of the year.
Which year? 1885?
I seriously thought this was fake until I found it on their website. Unbelievable.
FWP Issues Statement On Wyoming Corner Crossing Case | Montana FWP
In light of the recent U.S. Federal District Court Decision in Wyoming pertaining to the issue of corner crossing, Montana Fish, Wildlife & Parks Deputy Director Dustin Temple issued the following statement:
fwp.mt.gov
idahohuntr
Well-known member
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- Dec 19, 2013
- Messages
- 346
MTFWP can say its 'unlawful'...but in reality...are there any anti-corner crossing landowners, prosecutors, etc. who really want to pick a fight and go to court? The legal gray area has always been to the benefit of landowners...if any of them are smart...they will do anything they can to just keep the gray as gray as possible for as long as possible.
Also...MTFWP ought to just stfu on this matter...they are not arbiters of federal law.
Also...MTFWP ought to just stfu on this matter...they are not arbiters of federal law.
seeth07
Well-known member
I wonder if there was some money spent in order to get that statement made? Someones campaign funds get a big boost?
rogerthat
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Yeah this infuriates me beyond belief. They come out with a proactive side picking landowner statement like this but they can’t even do their damn jobs such as run a draw/manage wildlife. They can say whatever they want. I already know the don’t know chit about anything else. So this is no surprise
cgasner1
Well-known member
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- Apr 24, 2016
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- 3,119
The Montana land owners are probably better off at this point not pushing the issue like the Wyoming ones did. I won’t cross corners here as it’s wrote right now. It has the potential to blow up on them if it goes to court
Wind Gypsy
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- Mar 12, 2017
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- 2,108
What a SeeUNextTuesday. A guy ought to report the deputy director to the TIP line for this. Hunter harassment.
Seems like Montana wants to learn the hard way.
The "remains unlawful" is an interesting comment from Deputy Director Temple. A case with similar facts to the Wyoming case has not been tried in Montana, to my knowledge. And I know of no cases that were tried in Federal Court. Yeah, there is always the chance that a case might get decided differently in a 9th Circuit Court (Montana) than it did in a 10th Circuit (Wyoming), but attorneys tell me there is not any distinction in Montana law that really changes the findings the judge ruled in Wyoming.
I've hired two Montana law firms to consult with me on the issue and both say it has not been a settled part of Montana law. Maybe FWP has access to some cases that support their statement. Maybe FWP will follow up with citation of the cases that give them confidence in making their statement. Some cases were tried in Montana and the defendant found guilty in a criminal case when they crossed "near corners" using a "close enough" approach, but I'm not aware of a case such as the exhaustive effort the Missouri hunters exercised in the Wyoming case where it was found to be "unlawful."
I am meeting with the attorneys again to record another podcast next week. I've asked them to look again to see if there are any Montana cases that support what FWP is stating. Maybe such exists and the law firms I've hired haven't found it.
BrentD
Well-known member
Could this be an instance of someone playing a game with verbiage. In as much as it is not specifically designated as legal - it could be said to be unlawful, without being necessarily illegal. In the case of Legal, Illegal, and Neither, the last two are subsets that make up the larger set of Unlawful. Maybe the guy was just playing games and trying to imply illegality without technically lying.
Ask @wllm for a Venn Diagram.
D
Deleted member 28227
Guest
That what I was thinking...Could this be an instance of someone playing a game with verbiage. In as much as it is not specifically designated as legal - it could be said to be unlawful, without being necessarily illegal. In the case of Legal, Illegal, and Neither, the last two are subsets that make up the larger set of Unlawful. Maybe the guy was just playing games and trying to imply illegality without technically lying.
Ask @wllm for a Venn Diagram.
There is no Law allowing corner crossing in MT therefore it's unlawful. It's not illegal as there is no law banning/case/ etc.
BuzzH
Well-known member
It seems pretty clear Montana wardens have been instructed not to cite trespass to hunt for corner crossing, I'm guessing? What law would they cite for?
more_cowbell
Well-known member
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- Feb 26, 2023
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- 912
Maybe MT asked chaptgpt and that's what it said
