I just want to start out by saying I am a law abiding California citizen that works hard to take care of my wife and three girls. My true down fall is the California part. Now I will tell you a story.Last fall turkey season I was hunting with a friend. On our way back to the truck there where two fish and game officials. They checked my licence and gun to make sure I was legal to hunt. My license was ok but my gun had a 3 round choke instead of a 2 round choke. The officer wrote me an infraction ticket witch is no worse than a speeding\fixit ticket. About 50 bucks. I made the mistake im ok with the ticket. The officer even showed me where he circled infraction. Now lets fast forward to today. I went into court a day early just in case there was a problem. Waited almost three hours in line to pay my 50 dollar ticket. Remember this ticket was pre gun ban talk. I get to the front of the line and the clerk tells me I have to talk to the criminal clerk not the infractions clerk that my ticket says. So I waited anouther hour to talk to her. She informed me that the California district attorneys office has raised my ticket to a high misdemeanor. The DA has not informed me of any of this. They just chose to raise it. Now im lumped in a petty crime misdemeanor that will go on my record [witch is sqeeky clean] and looking at6 months jail or 1500 dollar fine. So now in one day I need to set up an attorney that will cost a tone money so in not grouped in to misdemeanor criminal. I will never give my money to this state to hunt or fish again. And am officially takeing my small businesses elsewhere. I will beat this but with money going to an attorney not to take care of my family that is struggling enough as it is. Bad guy out.
this state sucks
- Thread starter mknowles
- Start date
WoW!!! That sucks!!! I would feel the same way as you, we all would. About 15 years ago I bought a Browning A-5 at a pawn shop and took it quail hunting as soon as got it. Long story short, I was checked by DFG and he shoved 2 shells in the mag and I never gave it second thought, and then he shoves a 3rd one in and it goes and I about crapped myself. I never thought to check it. I just loaded 3 and went hunting. Well he believed me and I got off with a warning. But those days are gone in Ca. I think you will get out of this because you didn't break any gun laws, this is a game law. And the DA doesn't know the diff. We all know you can only have 3 while hunting, and 10 in general. The DA seen too many bullets on the citation and is not smart enough to know that your legal as far as the general magazine capacity goes. I hope it doesn't cost you too much to get out of.
You may get lucky and the Lawyer will get the whole thing dropped. Let us know what the outcome is.
I'll bite. I will take your story for face value and with that, I'd say you got screwed.
Get yourself a lawyer and fight it. I too am curious as to the outcome especially if you were originally issued the cite as an infraction.
As for your business, I'd do what was best for my family. If I had a small business and could make a better living in another state, I pack my crap and bail. My wife has a family friend that took their small business to AZ and has never looked back. They are much more successful for it.
Good luck. Let us know how it works out.
Get yourself a lawyer and fight it. I too am curious as to the outcome especially if you were originally issued the cite as an infraction.
As for your business, I'd do what was best for my family. If I had a small business and could make a better living in another state, I pack my crap and bail. My wife has a family friend that took their small business to AZ and has never looked back. They are much more successful for it.
Good luck. Let us know how it works out.
sorry dude but this was never going to be a 50$ fine. maybe $300-500 dollars. Nothing with DFG is 50 bucks anymore. animal violations are very popular with DA's
good luck i hope you can beat it back down to a infraction. Good lesson for all of us that go out..watch your ass because they are out to bust you
good luck i hope you can beat it back down to a infraction. Good lesson for all of us that go out..watch your ass because they are out to bust you
Dude that SUCKS!!! if you need a GREAT fish and game attorney I had to use one a few years back 
turkey hunting in SD with my brother (who is a fireman) and wondered on to some unmarked land. In addition to tresspass, this warden wrote us for "illegal take" because as he stated "illegal take" INCLUDES the pursiut of game even though we never saw one, never nocked an arrow, but because we were "hunting" he said they could AND possesion because we picked up a freaking feather! Not to mention we went back and talked to the land owner and even though HE knew nothing about it, didn't want to press charges and admitted his signs needed replaced, they would not drop it. They said unless we have the form in possesion at the time he stopped us didn't matter.
End result, after we hired an attorney because it was such bogusness, they dropped the charges (still had to pay thousands to the attorney, but our record is clean).
Let me close by saying, between hunting and fishing I have been stopped PLENTY of times and have always found the wardens to be fair and pleasant to deal with EXCEPT the two in SD around the Julian area. Just saying...
turkey hunting in SD with my brother (who is a fireman) and wondered on to some unmarked land. In addition to tresspass, this warden wrote us for "illegal take" because as he stated "illegal take" INCLUDES the pursiut of game even though we never saw one, never nocked an arrow, but because we were "hunting" he said they could AND possesion because we picked up a freaking feather! Not to mention we went back and talked to the land owner and even though HE knew nothing about it, didn't want to press charges and admitted his signs needed replaced, they would not drop it. They said unless we have the form in possesion at the time he stopped us didn't matter.End result, after we hired an attorney because it was such bogusness, they dropped the charges (still had to pay thousands to the attorney, but our record is clean).
Let me close by saying, between hunting and fishing I have been stopped PLENTY of times and have always found the wardens to be fair and pleasant to deal with EXCEPT the two in SD around the Julian area. Just saying...
attorney has been retained. Preliminary court is tomarrow morning. here's the thing that my attorney check out in the charges. I was sited for cr14-311 a. I am charged with cr14-311b. The paper work is not even right. A is a non plug. B is locked and loaded with a shell larger than #2. Im not telling you guys this story to get pitty. I just want every one to know whats up with the DA. Fish and game did there job. The da is now taken it to far. I would feel realy bad if a kid with no money or connections was in my shoes. My attorney will have the case droped or reduced by 11am. If I cant make this go away and the charges stic (witch they wont) it would be illegal for me to hunt or possess any fire arm for 3 years.plus probation for up to 3 years. For turkey hunting.
Snake Charmer
Happiness is a warm gut pile
Well I learned something new. I didn't know there were 2 and 3 round plugs. I just bought an 870 and slapped the plug in that came with it. I've yet to put any shells in it and fire it. Now I will have to make sure it's the right size.
Good luck to the OP. It's a shitty deal either way. Having a plug installed at all at least meets the "spirit" of the law, whereas not having one at all is a blatant.
Good luck to the OP. It's a shitty deal either way. Having a plug installed at all at least meets the "spirit" of the law, whereas not having one at all is a blatant.
Done and done. Lawyer had the criminal charges droped to infraction charge. Disturbing the peace. And to be taken off my record within 15 days. Fine went from 1000 to 180. I still dont understand the DA charge of disturbing the peace. The only thing I was disturbing was a couple of turkeys.
I dont think they make different plug sizes. I have 2 homade wooden plugs. One for 3 one for 2. The 3 shot one was made short by mistake. I just never took it out of my gun safe.i take the plugs out when im not hunting for a fully loaded home defence shotgun. Took the wrong plug but I only loaded the gun with three rounds. My mistake. I have thrown away the bad plug. Oh well.
mknowles said:
The court process is often a game of chess (although I don't play that particular game, I have experience in the court process) its all about who is going to make what move. The DA's like to win so technically they did. It was probably reduced in the end because the DA knew that had it gone to a trial, their chances of winning significantly diminish, especially is a cheesy case like that.
Did they give you an explanation why the DA bumped it from an infraction to a misdemeanor in the first place!? Glad it worked out for you and wasn't worst case scenario.
No explanation why it was bumped up. I talked to one of the public defenders and asked her if she has seen any cases like this. She said in the last 6 months that alot of petty gun and game related tickets have been getting into the criminal court. My guess is if it goes across the DA desk and it says any thing like gun\ammo on the tickets it just goes to criminal court. The fine for unplug shotgun is 390. The fine for disturbing the peice is 180. I would of payed the 390 if I did not have to waste 2 days in court. So by doing all this crap the state did not make the money they should of. Plus the price of the DA, clerks, judge, so on and so on.
If the ticket was written cr14-311a and the court had cr14-311b. Somebody made a clerical mistake. I believe if it went in front of a judge it would have been dismissed. So the Da took whatever money they could or lose out.