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?
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That what I was thinking...
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.
Humor me with one? First thing that came to my mind? You can't take a dump off your front porch. Doubt there is a law saying you can't yet I could see how someone might wanna go "yeah that's unlawful"Super weird logic though right?
I can think of a near infinite set of possibile acts for which no law “allowing“ those acts exists. But colloquially, it would make no sense to refer to those acts as unlawful.
That was a new change to the regulations I had noted also. I don’t recall exactly but I think it was about the time hank and Jersey Greg showed up with the current awesomeness. Saying something with no basis is just that. I say write all the tickets you want. Hunting without permission? Civil trespass? Criminal trespass?How it has been determined illegal could certainly be in question, but the FWP regulations state that corner crossing is illegal…
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As owner of the adjacent public land, I grant permission.How it has been determined illegal could certainly be in question, but the FWP regulations state that corner crossing is illegal…
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Poor example. There are numerous laws that could apply.Humor me with one? First thing that came to my mind? You can't take a dump off your front porch. Doubt there is a law saying you can't yet I could see how someone might wanna go "yeah that's unlawful"
This is all based on an opinion from the AGs office from decades ago. I am all but certain no one has been successfully prosecuted for crossing at the pin. In fact, IIRC one guy who was prosecuted for the “close enough” approach was also acquitted on another charge where he did cross at a pin.What statute/regulation do they write if it's illegal?
So, I'm assuming Montana is like Wyoming, trespass to hunt in fg statute, criminal, and civil?This is all based on an opinion from the AGs office from decades ago. I am all but certain no one has been successfully prosecuted for crossing at the pin. In fact, IIRC one guy who was prosecuted for the “close enough” approach was also acquitted on another charge where he did cross at a pin.
So, I'm assuming Montana is like Wyoming, trespass to hunt in fg statute, criminal, and civil?
What county would there be an advantage to having a corner crossing case in Montana stem from?It’s definitely a roadmap for reduced risk any way you look at it. Of course nothing precludes the right Leo and the right county attorney from using govt resources to make you vigorously defend yourself even if you didn’t break any laws. That’s one downfall to the existing system and the landowner privilege built into the system makes this outcome very likely in certain counties in Montana in my opinion. But I think if you have your ducks in a row there’s a good chance you would have support from the hunting community just like the Wyoming case
It's going to be the exact same thing as Wyoming. A hunter is not "entering" private land crossing from one piece of public land to another piece of public.
Gallatin county for sure #stealthyhunter #meateater #newberg owe Montana something for what they created. They could probably self fund the defense.What county would there be an advantage to having a corner crossing case in Montana stem from?