FWP lies about Corner Crossing

[El Jason]

Doubtful, as a best case, if it's tried in the 9th the same as it was in the 10th. The 10th ruled 3-0 and the USSC isn't indicating they were wrong about the ruling.

Lets make no mistake, Montana FWP and the AG office are shitting their pants clinging to an opinion with a feeble attempt to claim corner crossing is trespass to hunt.

Its laughable and pathetic.

Well, as a state agency, until the AG offers a different opinion FWP is obligated to defer to the last standing AG opinion.

I disagree with the AG standing their ground on this but it isn’t an FWP thing.

 

[El Jason]

Got to keep the good ol boys happy.

Given Knudsen’s votes on the land board, is it any surprise he would run this one out to the bitter end?

 

[BuzzH]

Well, as a state agency, until the AG offers a different opinion FWP is obligated to defer to the last standing AG opinion.

I disagree with the AG standing their ground on this but it isn’t an FWP thing.

The FWP Director can choose to say nothing, yet....

 

[Straight Arrow]

but it isn’t an FWP thing.

However, FWP's position must be clear as those unfortunate, underpaid, under appreciated wardens have to be in the field enforcing.

 

[El Jason]

The FWP Director can choose to say nothing, yet....

Unless they were told to issue a statement.

 

[BuzzH]

Unless they were told to issue a statement.

I agree, finding anyone with a backbone these days isn't easy.

 

[El Jason]

I agree, finding anyone with a backbone these days isn't easy.

She works for Gianforte. She’s marching to his directives. Knudsen hasn’t and won’t issue an opinion contrary to the long standing one. Knudsen hates public land and access agreements. I don’t know why this would surprise anyone.

 

[BuzzH]

She works for Gianforte. She’s marching to his directives. Knudsen hasn’t and won’t issue an opinion contrary to the long standing one. Knudsen hates public land and access agreements. I don’t know why this would surprise anyone.

Remember when GF/FWP Directors worked for wildlife and the citizens of the State?

Those were the days, and not in the too distant past (at least in WY).

 

[El Jason]

Remember when GF/FWP Directors worked for wildlife and the citizens of the State?

Those were the days, and not in the too distant past (at least in WY).

I do. Hagener V 1.0 was probably the last FWP director to do so. And in fairness, I think V 2.0 tried to.

 

[Elky Welky]

Well, as a state agency, until the AG offers a different opinion FWP is obligated to defer to the last standing AG opinion.

Where are you getting this AG opinion? There was an interdepartmental memo from 2001 written by a paralegal, and then another memo updated in 2018, but both were done within FWP.

 

[El Jason]

Where are you getting this AG opinion? There was an interdepartmental memo from 2001 written by a paralegal, and then another memo updated in 2018, but both were done within FWP.

I personally held a copy in my hand about 28 years ago. I have no idea where you would find it.

 

[Elky Welky]

I personally held a copy in my hand about 28 years ago. I have no idea where you would find it.

Interesting... I once found a memo from Park County around that time, but it was the Park County Attorney, not the AG. Would love to see what they were up to back then.

 

[Rack Daniels]

Hunting without permission is a strict liability offense with no need to prove intent.

87-6-415. Failure to obtain landowner's permission for hunting, MCA

archive.legmt.gov

If someone is blaming you of guilt, you’re damn right there is a need for proof.

 

[El Jason]

If someone is blaming you of guilt, you’re damn right there is a need for proof.

You clearly don’t understand criminal law. Go read up on mens rea and strict liability crimes. There is no requirement for mens rea for trespassing while hunting in Montana.

 

[Sixmile]

Interesting... I once found a memo from Park County around that time, but it was the Park County Attorney, not the AG. Would love to see what they were up to back then.

Not sure if it's the same, but Judge Nels Swandle thought it was legal to cross with enough room for riding and packstock also.