An Indecipherable Embarrassment of Regulatory Incoherence

Duplin County Regulation 2009

Duplin County Regulation 2008

Duplin County Regulation 2007

 

 

 

 

 

 

 

 

 

Raleigh Constituent drops by with another editorial for the files:

Dear JohnJacob,

Now that Turkey Hunter Clyde Coffey’s life has been sacrificed on the altar of incomprehensible law enforcement policies I thought it might be useful to study the legal terrain Hunter “Joe Rifleman” must traverse in his adventures afield.

I quickly discovered this topic cannot be reasonably covered by an encyclopedia, let alone a book or a few articles. In fact, this maybe the first in an unending series of comments so difficult is it to plumb the depth of knavery and tomfoolery embedded in North Carolina hunting regulations.

The word “quagmire” only begins to describe the situation. The IRS code is an Elementary School “Dick and Jane” reading primer by comparison.

Below please find a brief (?!) overview of the topic.

To begin know it is said amongst the knowledgeable North Carolina is sprinkled with a number of “sweet spots” where a fellow can stand in an open field and box the compass in four opposite directions (North,East,South and West) for a few hundred yards and find himself under four conflicting sets of hunting regulations.

I know not personally if this is true, but a quick perusal of the hunting regulations certainly reveals it to be plausible.

You have your International Treaty Laws and regulations, your Federal laws and regulations, your State laws and regulations, your local (rural) county laws and regulations and your local (urban) city and town laws and regulations.

There are separate laws and regulations that govern conduct on State Game Lands and another separate set of laws and regulations that govern conduct on Military Reservations and yet another set of laws and regulations that essentially ban hunting from mining operations and facilities even if the owner were inclined to give permission.

“Working Agriculture Operations” (farms) have their own set of exemptions and rules.

Dare and Currituck Counties have their own countywide Game and Wildlife Commission.

Every year the Hunting Regulations Digest issued to hunters with their license purchase helpfully highlights regulation changes in red. Every year there are at least fifty changes, some quite significant.

In the August 2008 issue of North Carolina Sportsman Magazine (CLICK LINK HERE) author Craig Holt reported Judge Timothy Lee Paige ruled the definition of “take” was “unconstitutionally vague” when he dismissed a charge of “hunting over bait” against bear hunter Charles Smith

Craig Holt concluded his report with the comment if the ruling stands “WRC (Wildlife Resources Commission) will have to rewrite the bear baiting law for the third time in two years, then get new wording adopted by the General Assembly”.

In the 2007 archives of the North Carolina Bear Hunters Association website these comments are included in a discussion of Senate Bill 1246:

CLICK LINK HERE

Senate Bill 1246

Regrettably, the NCBHA and the Wildlife Resources Commission (WRC) found themselves faced with vastly opposing viewpoints on how best to stop an unexplained flood of bear baiting enforcement citations.

The issue came close to ruining an effective working relationship that had spanned over 20 years.

At issue was a sudden and mysterious increase in bear baiting enforcement citations.

Hunters were charged without particular evidence or conditions that would normally cause an enforcement officer to write a citation.

There was remarkable evidence that suggested poor enforcement practice and possible violations by law enforcement personnel in District 2.

Hunters on several occasions met with WRC executive staff trying to find out what was behind the incidents.

In the face of incredible evidence, the WRC did not demand that the rash of enforcement abuse stop.

If anything, arrogance and intimidation, in addition to poor law enforcement was the response. Hunters loudly voiced concerns and the NCBHA leaned hard against the WRC. 

All of the above examples do not even begin to describe the local regulations that attempt to outline geographical areas where certain practices are restricted.

They are couched in genuinely obscure and arcane language such as that found for Franklin County.

This is what the Franklin County paragraph says, I kid you not:

(It is illegal to) hunt game from the right-of-way of any public road in that part of the county bounded on the north beginning at the Tar River at the Granville County line east to US 1, then south along US 1 to the intersection of NC 56, then east along NC 56 to the intersection of US 401,then north along US 401 to the intersection of NC 39, then south along NC 39 to the intersection of NC 98, then east along NC 98 to the Nash County line.

So now you know, when it comes to hunting, local sovereignty still rules over both State and Federal Highways! And you thought all that stuff was forever relegated to the musty past with the Magna Carta and the Constitution!

Nope, when it comes to hunting the Bolshevik “greatest good for the greatest number” is unapologetically replaced with good old fashioned local sovereignty.

Anything goes if it cudgels an unenlightened activity like hunting into submission.

But I am not finished!

Here is one more really great example of indecipherable regulatory incoherence. The leading (current) contender for complete Alice-In-Wonderland-Mad-Hatter “the law is ours to know and yours to find out” bureaucracy is DUPLIN COUNTY.

On page 67 of the North Carolina Regulations Digest the Duplin County portion contains this instruction: For information concerning hunting from the roadway in Duplin County contact the County Attorney.

When you call Duplin County you will be told by staff they have a guideline sheet that must be A. Mailed or B. Faxed or C. Picked up in person. It CANNOT be emailed or posted on the Duplin County Website.

So there is a genuine mystery here. The mystery maybe related to the number of times the regulation for Duplin County has been changed in the last five years as demonstrated by these JPEG images.
(Posted At Top)

 Some knowledgeable commentators have said Duplin County has two diametrically opposed and unenforceable statutes regulating the same activity.

If so, what could the County Attorney possibly include in a super secret guideline sheet to reconcile the conflict? And why would that guideline sheet be unavailable under the Public Documents Law?

Only Alice’s Mad Hatter knows for sure.

Here is the North Carolina General Statute for Duplin County.

Presumably it is the current “controlling legal authority” Or maybe not. (CLICK LINK HERE)

My suggestion is for all 500,000 hunters who have a copy of the North Carolina Regulations Digest call Duplin County Attorney Wendy Sivori at (910) 296-2233 and asked to be mailed their own personal copy of Duplin County’s Super Secret Hunting Guidelines so they will be in compliance and not be shot by some zealous Game Warden whose grasp of the law may be no better or worse than the people who create them.

Hunters are not second class citizens and should stop allowing government to treat them as though they were. If tourism dollars are welcome, so should recreational hunting dollars be welcome.

Clyde Coffey rest in peace. Apparently you were just in the wrong place at the wrong time: hunting on your own land, minding your own business. (CLICK LINK HERE)

Real Hunting: Game Wardens Gone Berserk

A good example of just how treacherous modern hunting has become. Regulation trumps common sense and everyone is guilty until proven innocent.

Sickening excerpt:

Elk hunters held at gunpoint: Local men were acting legally in Brinnon, say state and county law officials

By Barney Burke and Allison Arthur of The Leader

Two fathers and their sons went hunting in Brinnon on Saturday, but after legally downing an elk with a muzzleloading rifle, they found themselves staring down the barrels of guns pointed at them by uniformed officers of the Port Gamble S’Klallam Tribe.

“The whole thing was handled way wrong,” said Don Phipps, who shot the elk. “I’ve never had anyone pull a gun on me in my whole life. I didn’t understand it.”

Phipps, his son Danny, 22, and friend Adam Boling, 28, were handcuffed for two hours while bystanders watched from nearby U.S. Highway 101. Also with the three men was Boling’s 2-year-old son, Taylor.

All eventually were released at the scene and allowed to take the elk home for butchering, but the whole experience has left them wondering why the tribal police handled the incident in the way that they did.

According to Washington and Jefferson County law enforcement officials, Phipps was in full compliance with state and local laws on hunting and the use of firearms.

CLICK HERE FOR LINK TO COMPLETE STORY

Real Hunting: Revenge Of Bullwinkle The Elk

Fair WARNING! This video is not for everyone. Some profanity. Grotesque imagery. But overall pretty funny.

For those interested what you see is actually partially digested grass, not Elk poop.

So it is not really as grotesque as you might initially think.

Pretty smelly and disgusting though.

Real Hunting-Dingo Lady Dies At 108

The Past is another country-they do things differently there.

Here is a woman for whom shooting and the use of firearms was as natural as breathing.

Hunting was not a sport or a recreation or an optional activity; it was survival -pure and simple.

If you were competent you prospered because your farm and fields were protected from harm.

If not, you starved.

Anyone care to make the connection between the simple example she offered and the 2nd Amendment and RKBA?

Tantalizing excerpt:
Dingo Lady

Peter Morley
August 20, 2009 12:00am
THE woman known as the Dingo Lady has died a month short of her 109th birthday after a life of shooting and trapping wild dogs on her mountain property.

Nellie Bowley killed hundreds of the animals that attacked her cattle, goats and geese on the place near Killarney where she lived until two years ago when she moved into an aged care facility.

Mrs Bowley bagged her first dog when she was 18 and went on to achieve nationwide publicity.

She was in her mid-90s when she shot her last dingo – failing eyesight made it difficult to aim.

CLICK HERE FOR COMPLETE STORY

Blind Target Shooter….Really!

Just when you think you have seen it all along comes a blind man with a rifle! And he is the real deal!

Tantalizing Excerpt:

Target Shooting for the Blind
by Sarah Komuniecki
Aug 17th 2009
James Miekka of Surry is a target shooter with an accuracy most people would admire. He’s also completely blind.

His accuracy comes from his ingenuity.

“My favorite thing is when I see somebody who’s never seen him shoot before. And if they watch him shoot, their jaw just drops open. And they go, ‘How does he do that?’” says Miekka’s neighbor, Robert Duhaime.

Miekka can’t see his target…he hears it, using an artificial vision system he designed himself.

“It requires an extreme amount of concentration,” Miekka says.

He shoots using instruments to do the same job as the eyes of sighted people, changing light into electric signals.

CLICK HERE FOR VIDEO AND PRINT REPORT

Training Aids- The Chamber Insert

Training Aids- The Chamber Insert

In a previous episode of JohnJacobH RKBA Commentary (CLICK HERE TO READ) I argued the case for teaching newbies with scaled down ammo suitable to their experience and capabilities rather than addle their brains with an array of various caliber firearms all of which feel and perform differently in an attempt to acclimate them to the “shooting experience”.

Thus, while a newbie may have purchased a .357 snubbie for his/her primary (or only) self defense weapon, there is no need to go to the range the first few times with full bore factory hot loads when Speer makes an excellent reusable primer actuated plastic bullet and case for practice and training .

The newbie shooter can become familiar with the operation and feel of his/her weapon without the distraction of flash or recoil or audible concussion.

Long arms can be taught just as well with the aid of a device called a chamber insert. It is little more than a precisely milled tube in the dimensions of a .308 cartridge that is sized to accept .32 pistol cartridges inside. The assembly of pistol cartridge and .308 insert is then chambered in any .308 rifle.

Made for .308,30-06 and .303 British a fully operational rifle can be converted to shoot 32 ACP or 32 H&R Magnum pistol cartridges in a single shot format. This is perfect for men, women and children who have never used a long arm.

The .32 ACP is so low powered out of a 16 inch barrel it can be fired anywhere an air rifle can be used with little difference in noise or recoil. The big difference is a 71 grain bullet moving at about 600 FPS so plinking gallon milk jugs twenty five feet distant becomes a exhilarating adventure instead of a scary experience.

While projectile diameters are slightly different- the standard NATO .308 is .308 inches in diameter and the .32 ACP and .32 HR are officially listed as .311 and .312 diameter respectively in my case I have a slightly shot out Spanish FR8 which is a nearly perfect training rifle- a bolt action carbine with sixteen inch barrel with just enough weight (9 pounds) to impress anyone who has never fired a “real” rifle.

So if you have some inexperienced newbie shooters in your immediate vicinity drag that old military surplus rifle out of the gun safe, equip yourself with a chamber insert and some .32 pistol cartridges and make a day of it-maybe even in the basement or backyard.

A 25 FOOT (not yards) target from rested position through the FR8 using the 200 Meter peep sight (iron sight) with .32 ACP. Shooting about 3 inches low. I will post some 32 H&R targets as soon as I can get to an outdoor range. I suspect a 100 grain bullet at 1000 fps will be just about dead on at 25-50 feet.

Real Gunfights: Bear Attack!

Tantalizing Excerpt:

Came with zero warning; no woof, no popping of the teeth, no standing up, nothing like what you think or see on TV! It charged from less than 20 yards and was on me in about one-second! Totally surreal-I just started shooting in the general direction……….

CLICK LINK HERE FOR COMPLETE ACCOUNT

The War On Hunters: Take A Picture, Become A Felon

The Constitution’s 1st Amendment is no more sacred to looney left Bolsheviks than any other provision they nitpick to death.

While pornography may be protected in all it’s many facets, pictures of hunting, fishing and other outdoor activities might be subject to criminal fines and penalties sometime in the near future if the Supreme Court so rules in the case of United States of America v. Robert J. Stevens.

Excerpt:

Post a Hunting Photo, Go to Jail
By Tracey Taylor, GunReports.com Staff Writer

The Third Circuit struck down a federal law banning “depictions of animal cruelty.” The statute does not ban acts of animal cruelty themselves (and so this case is not about such actions). It bans images of animals being hurt, wounded or killed if the depicted conduct is illegal under federal law or illegal under the state law either (i) where the creation of the depiction occurs, or (ii) where the depiction is sold or possessed. That means that a picture taken of the killing of an animal during a hunt (perfectly lawful where it occurred) could be a federal felony crime if that picture is sold or possessed somewhere in the United States where hunting (or the particular type of hunting, ie, crossbow) is prohibited.

A case to be heard by Supreme Court of the United States might result in felony charges and jail time for any person, outlet or entity that shows or sells depictions of hunting activities.

According to the Professional Outdoor Media Association (POMA), the case of United States of America v. Robert J. Stevens could expose a private gun owner who is shown online with game taken legally in one state to criminal charges in another jurisdiction where taking the game isn’t legal.

CLICK LINK HERE

Raleigh Constituent Investigates The Clyde Coffey Shooting

Our occasional correspondent from Raleigh, Raleigh Constituent,regales us with another telephone adventure.

For a link to the NC Wildlife Resources Page with .PDF Files of Wildlife Enforcement Officer Standards and Qualifications CLICK HERE

Posted with no additional comment:

Dear John Jacob,

As I have explained in the past I occasionally tangle with bureaucrats in government because my proximity here in Raleigh make them a somewhat irresistible target.

Once again a simple inquiry to what should have been a yes- or-no question became something of a quest as I bounced through various layers of the North Carolina Wildlife Resources Bureaucracy in my attempt to ascertain over the phone whether they were a CALEA (Commission for Accreditation of Law Enforcement Agencies) Certified Agency

I must tell you this telephone visit with the Wildlife Resources Commission is consistent with previous telephone visits in that the people in Wildlife Resources are universally helpful and cheerful and dare I say intelligent people who really do offer their best help to the public when they call about some hunting related issue. They all seem to have attended the same finishing school and unfailing treat me in the manner I like to think I treat phone inquiries to my phone number.

When asked to identify myself I said I preferred to remain a hunter and member of the public engaged in a routine inquiry. They accepted this without comment and continued to help me to the best of their ability. These folks could give lessons to other bureaucracies on how to deal with the public.

All that said, my initial question: Is NC Wildlife Enforcement a CALEA certified agency? drew a complete blank from the person/people on the other end. The Enforcement Division is not directly listed in the Raleigh Phone Book so I called a number which I judged most likely to be able to answer my question.

However, they did diligently connect me with a sworn LEO (a Lieutenant) who said he was familiar with CALEA, but to the best of his knowledge the agency was not so certified. He did mention all officers carried a book of some sort which outlined their duties and responsibilities. It was about the size of binder which could have revisions inserted as needed.

The Lieutenant also suggested I call his boss who oversaw all training related issues. In addition he gave me a phone number for the Public Liaison or Public Information Officer.

The Public Liaison, while not a sworn LEO, was a complete professional filled with a wealth of information about the Wildlife Enforcement Division. If I quote him correctly, he offered the following details about Wildlife LEOs:

There are approximately 300 applicants for about a dozen slots at a 19 week training Academy or “boot camp” of which only 10 successfully graduate.

In their 19 weeks of study all candidates undergo the NC State Standard Basic Law Enforcement Training after which they are sworn to enforce State and FEDERAL Violations. (Yeah, that is kind of an eyebrow raiser)

When I gently turned the conversation to the Clyde Coffey shooting, the formerly effusive Public Liaison immediately clammed up citing “an ongoing internal investigation”.

Since he could not talk to me, I asked if I could talk to him with some comments about the incident. He said he would take notes and pass them along.

I proffered the notion this incident was not local to Wilkes County, but was a statewide problem since hunters could no longer be confident about their interactions with Wildlife Enforcement. We may have crossed the Rubicon where the bond of trust between Investigators and the public has been seriously damaged.

Unlike Clyde Coffey I am not 76 years old, so if approached by a stranger in the woods, it will be my policy to immediately call 911 from a cell phone so some version of the incident will go on record in real time. I have the technology and know how to use it.

I further offered the observation the standard issue uniform of khaki shirt and forest green pants has always struck me as a recipe for disaster since I was advised in a hunter safety course Wildlife Officers are not required to wear blaze orange during deer season as they tramp through the woods.

Just one of several odd things about Wildlife Regulations long overdue for review.

Regardless of safe hunting practices and rigorous Law Enforcement training it may be time to overhaul protocols for public/LEO interactions.

In an era when a 6 foot 8 inch tall 300 pound North Carolina parolee can walk around Gaffney, South Carolina and kill 5 people in a week, no one should have to apologize for their caution when a man who claims to be Law Enforcement approaches you in the woods and declares his intention to disarm you.

In North Carolina Rabbit Cops Shoot Hunters

Attention Hunters!

If you plan to spend your recreational hunting dollars in North Carolina realize you do so at peril of your life!

Wildlife Enforcement Officers have gone as feral as their brothers in other parts of the “Thin JBT Line” .

Without fear of prosecution they now have license to shoot 76 year old landowners hunting their own property.

If the description of the encounter between the officer and hunter are correct Wildlife Resource Officers are apparently not bound by any CALEA Standards (Commission on Accreditation for Law Enforcement Agencies) for proper conduct of investigations as described HERE and HERE.

Be sure to call the Tourism Board and the Wildlife Resources Commission and tell them why you choose to hunt elsewhere.

In a country where the oldest joke about the judicial system is “The DA can convince a Grand Jury to Indict a ham sandwich” Wilkes County District Attorney Tom Horner has chosen to follow the path of former Durham District Attorney Mike Nifong and selectively prosecute only those cases which have the highest positive publicity quotient.

In a case with a negative publicity quotient it is generally considered a bad career move to take sides against Law Enforcement Officers in the Court System. Apparently Tom Horner wants to keep his job.

Unless, of course, the people of Wilkes County initiate a recall petition and boot him out of office.

Excerpt:
Minton will not be charged in shooting
by Chuck Hubbard

N.C. Wildlife Officer Mark Minton will not be charged in the April 11 shooting death of an elderly hunter in McGrady.

No charges will be filed against Mark Minton, a veteran state wildlife officer who shot and killed an elderly hunter in the early morning hours of April 11, the opening day of turkey season, District Attorney Tom Horner said in an interview with the Wilkes Journal-Patriot Thursday afternoon.

Killed was Clyde Hill Coffey, 76, of Lenoir. The shooting took place in a steeply-sloped, wooded area above a house on Cane Creek Road in the McGrady community. Coffey was hunting on land he and his family owned.

Horner said he made his decision after reviewing the results of a lengthy investigation conducted by agents with the State Bureau of Investigation (SBI). Yesterday morning, the district attorney met with officials from the N.C. Wildlife Resources Commission. In the afternoon, he met with members of the Coffey family.

Link To Complete Story Click Here

Other Links of interest HERE and HERE