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 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, kill, or wound a game bird or game animal, or have in his possession or control any firearm or other weapon of any kind, while elevated in a standing tree, or in a structure of any kind within 300 feet of a baited area under a penalty of $50.00 for each offense."
The Regulation says...
12. A person hunting turkeys shall not have in possession or control, a firearm or other weapon within 300 feet of a baited area during the turkey hunting seasons.
If a hunter is hunting from the ground, has a weapon (loaded or not) and is within 300' of bait that he knows or doesn't know is there he is not violating the Statute but is violating the Regulation.
If a hunter parks his vehicle within 300' of bait that he knows or doesn't know is there and has a weapon (loaded or not) he is not violating the Statute but is violating the Regulation.
If a Hunter walks up a road with a weapon (loaded or not) and walks within 300' of bait that he knows or doesn't know is there he is not violating the Statute but is violating the Regulation.
I have contacted game wardens, the Fish and Game Counsel who makes the rules and the Fish and Game attorney. None will acknowledge the conflict between the law and regulation, all say that the regulation is legal.
How can a person be fined and possible lose their right to hunt when they are not violating a law? I'm just an ordinary guy and am aware that a law trumps a Regulation that is contrary to the law but it is apparent that those who make and enforce regulations do not know that a law trumps a Regulation.
Am I wrong?
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 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, kill, or wound a game bird or game animal, or have in his possession or control any firearm or other weapon of any kind, while elevated in a standing tree, or in a structure of any kind within 300 feet of a baited area under a penalty of $50.00 for each offense."
The Regulation says...
12. A person hunting turkeys shall not have in possession or control, a firearm or other weapon within 300 feet of a baited area during the turkey hunting seasons.
If a hunter is hunting from the ground, has a weapon (loaded or not) and is within 300' of bait that he knows or doesn't know is there he is not violating the Statute but is violating the Regulation.
If a hunter parks his vehicle within 300' of bait that he knows or doesn't know is there and has a weapon (loaded or not) he is not violating the Statute but is violating the Regulation.
If a Hunter walks up a road with a weapon (loaded or not) and walks within 300' of bait that he knows or doesn't know is there he is not violating the Statute but is violating the Regulation.
I have contacted game wardens, the Fish and Game Counsel who makes the rules and the Fish and Game attorney. None will acknowledge the conflict between the law and regulation, all say that the regulation is legal.
How can a person be fined and possible lose their right to hunt when they are not violating a law? I'm just an ordinary guy and am aware that a law trumps a Regulation that is contrary to the law but it is apparent that those who make and enforce regulations do not know that a law trumps a Regulation.
Am I wrong?
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