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Thread: Game Wardens

  1. #1
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    Jan 2010
    Urban Skeet City, Alabama

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    Section 9-2-65
    Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens. (a) Game and fish wardens shall have power:
    (1) To enforce all laws of this state relating to birds, animals and fish;
    (2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;
    (3) To serve subpoenas issued for examination, investigation and trial of all offenses against the law relating to game, fur bearers, birds and fish;
    (4) To carry firearms as provided by law for enforcement officers when in the discharge of their official duties;
    (5) To confiscate all game, birds, animals or fish or parts thereof which have been caught, taken, killed or held at a time in any manner or for any purpose or had in possession or under control or have been shipped, carried or transported contrary to the laws of this state, and game, fur bearers, birds, fish or parts thereof so confiscated shall be held as evidence in the court in which the defendant is held for trial; and, upon conviction of the defendant, said game, fur bearers, birds, fish or parts thereof shall be disposed of by written order of the court;
    (6) To enter upon any land or water in the performance of their duty;

    Section 9-11-5
    Commissioner, wardens, etc., constituted peace officers. The Commissioner of Conservation and Natural Resources, his wardens, agents and employees shall be and are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the provisions of the game and fish laws and the rules and regulations promulgated thereunder, and they may exercise such power in any county of the State of Alabama or in or on any waters of the State of Alabama or within the territorial jurisdiction of the state.
    Section 9-11-17
    Deputy game and fish wardens; appointment; duties; authority; revocation of appointment; compensation and status.
    Section 9-11-257
    Hunting or discharge of firearm from, upon, or across public roads, etc. Any person, except a duly authorized law enforcement officer acting in the line of duty or person otherwise authorized by law, who hunts or discharges any firearm from, upon, or across any public road, public highway, or railroad, or the rights-of-way of any public road, public highway, or railroad, or any person, except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer's standard designated number four shot, or a muzzleloading rifle .40 caliber or larger in this state, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than two hundred fifty dollars ($250), and shall be punished for the second and each subsequent offense by a fine of not less than five hundred dollars ($500) and shall have all hunting license privileges revoked for one year from the date of conviction.
    (Acts 1935, No. 383, p. 813, §23; Code 1940, T. 8, §105; Acts 1982, No. 82-522, p. 870, §1; Acts 1988, 1st Ex. Sess., No. 88-945, p. 566, §1; Act 99-442, p. 1007, §1.)
    Section 9-11-304
    Carrying or possession of firearms.
    The carrying or possession of firearms within any wildlife management area, except while in possession of a valid permit allowing this privilege, is prohibited; provided, that the provisions of this section shall not apply to any authorized law enforcement officer nor to any officer of the United States forest service, the United States Bureau of Biological Survey, or of the Alabama Department of Conservation and Natural Resources while in the pursuit of his official duty.
    (Acts 1939, No. 668, p. 1061, §5; Code 1940, T. 8, §110(5).)

    This post is borne out of a report from a friend. My friend reports that he and another friend were walking across several acres in south Alabama when a Game Warden entered the land and seized both his and his friend's pistols. The game warden refused to return the weapons until the judge ordered him to do so.

    Years have passed since this.

    It takes a village to raise an idiot.

  2. #2
    Regular Member
    Join Date
    Nov 2008
    Central Alabama

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    The Department of Conservationattempted to changeit's gun control policy last year to allow "lawfully licensed persons" topossess handguns on wildlife management areas. However, when a statute and a regulation are in conflict, the regulation is supposed to be a nullity according to Alabama case law. For what it's worth, here's what the DCNR regulations say about the subject:

    220-2-.21 Possession of Firearms or Bow and Arrow in anyWildlife Management Area, Refuge or Sanctuary Prohibited

    No person shall take, carry, or possess any firearms or bow of anydescription whatsoever in any wildlife management area in this State during the closed season on game birds, game and/or fur-bearing animals, except on an open designated target range and except a person may possess a bow and arrow only during special bow season allowed for the taking of rough fish. No person shall at any time take, carry or possess any firearms or bows ofany description whatsoever in or on any wildlife refuge or wildlife sanctuarylocated in or on any national forest area in this State, or on or in any state or federal sanctuary except by special permit or when bow and arrows may be legally possessed during special bow season provided for the taking of rough fish on such areas by regulations of the Department of Conservation and Natural Resources, provided, however, that this rule shall not apply to thepossession of firearms by State Conservation Officers, state or county enforcement officers, or federal agents, when they are on active duty in theperformance of their duties in the enforcement of the laws of this State. 

    220-2-.55 Wildlife Management Areas, Community Hunting Areas,Public Hunting Areas, and Refuges of Alabama

    (1) It shall be unlawful on ALL WILDLIFE MANAGEMENT AREAS, COMMUNITY HUNTING AREAS, PUBLIC HUNTING AREAS, AND REFUGE AREAS, all of which are established as "wildlifemanagement areas" by Rule 220-2-.22 and all of which are hereinafter sometimes collectively referred to herein as "AREAS" or "AREA":

    ... (f) To have in possession any fully automatic rifle or any firearms, ammunition or bow and arrow except as described below:

    ... (
    1-14) [describing legal firearms for hunting specific species of wildlife]

    ... (ff) Nothing in this regulation prohibits or requires a wildlife

    management area permit for the possession of handguns by

    lawfully licensed persons for personal protection, provided the

    handguns are not used to hunt or take or to attempt to take wildlife

    except as otherwise provided by this regulation.

    Nothing inregulation 220-2-.55 prohibits possession of handgunsbylawfully licensed persons, but what about regulation 220-2-.21 and state law?? I do believe there are some conflicts involved.

  3. #3
    Regular Member
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    Nov 2008
    Central Alabama

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    BTW: rules for state parks were changed by the DCNR in a similar fashion.

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