NM Passes New Law Felony for Poaching
General Topic
Did any of you see this new law passed in NM where poaching is now a felony.
Does it apply to the Jennings Law? If not, it should...
Glad to see NM stepping up...bout time. I'm thinking hard about blowing the whistle on some guys hunting leases in Texas without buying non resident licenses and killing deer on their friend resident tags...
I think it may be a bad idea. Say you shoot an elk and you find it too late as the hit was bad. You leave the carcass and take the antlers. You may now be charged with a felony.
Spike, couldn't you just call the local warden and explain the situation before taking the antlers? That seems pretty reasonable to me.
Buglman, those that remain silent are just as guilty. No offense meant but if you know it's happening, you should say something.
I'm with spike 78. Scary to think of the possibilities.
I agree, it has it's good points and bad points. Guess time will tell... Crusader dad, I know it's happening, know the men and young woman involved in it. Know meat was transported to Colorado from Texas with no tag attached. Was told all about the hunt and not happy about the story told. Know how much a non resident tag costs and what you're allowed to kill. Story doesn't make sense...
Need to find the text of the law. The comments make it sound like a poacher with no license, out of season, kills an elk and takes all the meat is a misdemeanor and a licensed hunter, in season, who intentionally doesn't take all the meat would be a felony.
That makes no sense.
If it's reserved for people who kill an animal, cut off the head, and leave the meat, then I think it's reasonable. Sometimes, an error can be made by a hunter with the best intentions. Felonies shouldn't be handed out on a whim and I've seen COs hand out citations on a whim for fickle missteps, missunderstandings, and honest mistakes. A felony can ruin someone's life. They should be reserved for the most blatant and callous law-breakers.
spike 78, if you shoot an elk and can't find him for a few days then you do find him as long as the season is still on, you put your tag on it and he's yours . If the season is over it always has been illegal to take the antlers because after the season they belong to the state.
This regulation seems overbearing when one considers the potential ramifications and its context in terms of what falls on either side of the felony category in the legal code.
Well, if the penalty is that stiff for what would be an honest mistake or misinterpreted outcome, there will be less people fessing up and tattle-tailing on themselves...
"This regulation seems overbearing when one considers the potential ramifications and its context in terms of what falls on either side of the felony category in the legal code."
Yup. Drive drunk? Misdemeanor. Shoot a deer and cut off its head? Felony. Drive drunk and run over a deer's head? Misdemeanor. Run over a deer's head while sober? Not against the law.
jdee I'm glad I don't think like you.
"Boss, I have two applicants with the certifications for the job opening, but they both had some criminal stuff on their background check"
"How bad?"
"One guy shot a doe antelope out of season when he was 18 and left it because he saw the rancher coming down the road and panicked. Nothing else, not even a traffic ticket."
"The other guy gave his wife a black eye because she was mad that he got hammered before his night shift, drove to work drunk, punched out his boss and got fired."
"Wow, seriously?"
"Yep, then he was arrested and convicted 3 separate times for animal cruelty. He would torture dogs in his basement and then hang them in the backyard to freak out his neighbors"
"Thats insane. Get the other guy started ASAP."
"Well, there is the company policy that says no felons."
"Like you need that? The guy is a wacko?"
"The wacko isn't the one with a felony"
".......huh?"
Rather cursory article, it really doesn't detail at all what elements of the crime would be necessary to constitute a felony. Some other states have felony provisions, and it usually entails a rather egregious offense.
Totally against poaching, and wasting animals...I respect God's creation. But....I am also totally opposed to giving any governing entity more power. If " poaching" is a problem, get someone on it and fix it...making it a felony isn't going to make LEO's any more effective...it just gives the deep state more power over individuals.
Maybe the state of NM would be better served by enforcing the laws on the books already, starting with illegal immigration.
Exactly krieger. I don't know if poachers really care if it's a felony or not. They already know what they are doing is against the law yet they still do it. We need to enforce the laws we have. I understand why they made it a felony though. Who knows maybe it will slow some of it down and change some minds.
So, with the possibility of "wanton waste" now being a felony, will CO's now determine if you have exhausted all effort to find the animal you shot?
What happens if you come across the animal's carcass you shot and lost a week later while continuing to hunt? Could a mandatory "wounding law" be implemented?
Or is it only poaching if there's an investigation?
Butcher boy,
The value of the felony prosecution is when the G&F is dealing with folks who have a lot of money and see fines as a cost of doing business if caught. For me, a 300 dollar ticket who be significant. For some a 1000 ticket is trivial.
My question is what is 75% of neck meat? If you only take out 50% are you now a felon? I would be pissed to be charged with a felony for judgment call.
I know it is a little overboard scenario, but.....
I see no need to make more felons.
Regarding my above post, the big game regulations state you must take out "at least 75% of neck meat."
Depending on who is assessing the situation will determine how or if you are charged. Though some laws are black and white they are often left to the judgement of the arresting officer. Some officers are fully capable of interpreting the law and applying to the situation but you never know when Barney Fife pulls your number, then whats even more scary is which judge is assigned your case. Could be a left wing nut job or a judge who doesn't know sh*t from shinola when it comes to G&F. Thats about the time your butt really puckers. Hopefully the interpretation is handled responsibly and no one finds themselves in this situation that doesn't deserve it.
^^^ unfortunately, it will happen to someone one day who doesn't deserve it. We all know it will...
Wasn't there an issue with a Montana Warden in the last couple years? Where he confiscated a bull for not putting a tag on it before the hunter took pics? I understand it was overturned, but could you imagine if he was being charged with a felony? Just being charged has huge consequences.
i just watched the wardens show and a dude in montana poached two trophy mule deer out of season because he wanted to make some jerky and got off with 3k in fines. the wardens shook his hand as he left, wtf. dude should be in jail and that kind of stuff should be a felony.
Oh, yeah, forgot to mention. Good luck enforcing this law - won't apply in certain parts of the state. Most NMicans know what I mean...
They can't control anything in those parts let alone G&F violations. They can't even repo vehicles.
Game violations being a felony is a bad idea . It is just another way to attack hunting . You have to have wisdom and a long turn vision to see this .
pop-r, it doesn't have anything to do with my way of thinking that's the law here. When the season is over any dead bull belongs to the state.
Deadheads are illegal to pick up in most western states.
Wasn't the part I was referring to jdee. I'm not putting my tag on anything of the sort. As misfortunate as it may be.
Acb, please bless us with your infinite wisdom, you have a point but I think you ran out of smoke to blow up your own #%^
PopR, You wouldn't tag the elk you killed?
With enough laws eventually everyone will be a criminal no matter the original intent.
