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NJ Fined because of physical location
Administrative rule means each agency statement of general applicability and continuing effect that implements or interprets law- chlsbrns
- Post #32
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I disagree with your first paragraph for reasons already stated. Your second paragraph helps to make my point! It is specifically states in statutes that the legislative statutes set amounts for fines for violations and that the Fish and Game Counsel can not set fine amounts. There is no...- chlsbrns
- Post #28
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Yes I agree! The common way to hunt turkey is to use a locator call. A locator is normally used just before sunrise. Its dark out! A locator call makes a male turkey gobble from the roost. Turkeys are known to roost near food sources. So a hunter locates a gobbler in the dark, sets up and...- chlsbrns
- Post #26
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Yes the law is restrictive and does not restrict from possessing a weapon when hunting game birds and game animals from the ground when within 300' of bait.. As I've said previously in a different way and numerous times. A regulation must be backed up by a Statute. A regulation should...- chlsbrns
- Post #25
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
The Statute/Law... "23:4-24.2. Shooting or taking game bird or animal from tree or structure within 300 feet of baited area No person shall, except under emergency conditions authorized by the Division of Fish and Game, kill, destroy, injure, shoot, shoot at, take, wound, or attempt to take...- chlsbrns
- Post #21
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I found this from a Federal Court Case. "An administrative agency can be considered to exceed power conferred to it by the legislature when a rule created by the agency is against the legislative intent of the law. When the rule made conflicts with the statute made by the legislature, the rule...- chlsbrns
- Post #19
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Read my first post again. The Regulation conflicts with the law. Again everyone is seeing the word hunt. Both the law and regulation say "have in possession or control, a firearm or other weapon" it's a clear conflict. It is not a violation of the law to "have in possession or control, a...- chlsbrns
- Post #18
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Thank You! That case makes it clear that a law trumps a Regulation and trumps local ordinances. I am currently reading a similar Federal Case that so far is saying the same. Thanks Again!- chlsbrns
- Post #17
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
It seems that many are seeing "HUNT" when they should be seeing "have in his possession or control any firearm or other weapon of any kind" The main question that I am asking is does a law trump a statute? The law is made by legislators. A regulation is made by an agency and is supposed to...- chlsbrns
- Post #13
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
How are you circumventing the law? The law is clear, you can not possess a weapon of any kind when in a tree or structure within 300' of bait. Legislators make laws but in this case the dept of fish and Game made a Regulation that conflicts with the law. They did not prohibit all hunting...- chlsbrns
- Post #12
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
The wording is possess a weapon of any kind not hunt. In NJ it is 100% legal when hunting to walk the road with a loaded firearm. You can't shoot from the road, you can't shoot across a road but If you are one inch off of the road you can shoot. The Statute and Regulation use the word weapon...- chlsbrns
- Post #11
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
In NJ they have to follow the administrative procedures act. They can make regulations that enforce and implement statutes. Except for migratory birds there is no Statute that says that you can not possess a weapon within 300' of bait when on the ground.- chlsbrns
- Post #10
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
It says posess a weapon within 300' of bait. It says game birds aka turkey. If I am on the ground with a weapon not in a tree or structure within 300' of bait I am not violating the law but am violating the regulation. Laws trump regulations. Yes? No?- chlsbrns
- Post #9
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
No, that regulaion is for migratory birds aka ducks geese ect a turkey is not a migratory bird. I should mention that there is also a NJ Statute that forbids baiting migratory birds ducks geese ect but there is no State Statute that forbids baiting turkeys or posessing a weapon within 300' of...- chlsbrns
- Post #7
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
NJ Hello all! I am asking for advice about State Agency Rules/Regulations. No one at the agency will admit or verify or change or repeal an obvious conflict between a State and a Regulation. The Statute says... 23:4-24.2. Shooting or taking game bird or animal from tree or structure within...- chlsbrns
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- Replies: 75
- Forum: Other Government & Administrative Law Matters
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