DNR Auction

[gyrfalcon]

Interested for any lawyers on here to comment.

Not a lawyer but: viewtopic.php?f=52&t=29988&start=15#p341373

[Holland&Holland]

Interested for any lawyers on here to comment.

Not a lawyer but: viewtopic.php?f=52&t=29988&start=15#p341373

Already read that site but what is unclear is the following:

What is the procedure if it is less than $1000 in value?

It clearly states that the lawsuite is independent of the criminal complaint so if one is charged goes to court and is found not guilty it appears that they could still loose the lawsuite as it would be heard in another court by a judge only.

[Dante]

Just because someone broke a law doesn't mean they have committed a crime.

And if you can't understand the meaning behind that please don't bother replying.

Why, because you can't explain it with facts or cite examples?

[Dante]

Many times the "guilty" party does not even own the property which is "confiscated" by the government. There is a good chance a bank "owns" the property, or the boat, firearm, or car is borrowed from someone else. In addition, many times this property is confiscated before a trial. Upon conviction, that is when someone should be fined.

I would tend to agree that the fine should happen after the conviction but I suspect one of the reasons they do it when the alleged crime occurs is because many people probably were smart enough to hide their assets before being convicted even if they weren't smart enough not to get caught.

With regard to whether the allegedly guilty party is the actual owner of the property, I think the onus is on them regardless.

In my opinion.

[Dick Unger]

There are not many "deals" on a DNR gun auction. Apparently people come to buy their guns back. There is a sentimental attachment to the nice ones. Too, if i'm hunting with Grandpa's old rifle, I won't want my brothers and cousins to know I lost it being stupid. So, people will travel quite a distance and be willing to pay for it. At least, that's what a DNR enforcement type told me this morning.

[Pinnacle]

Your property is IMPOUNDED pending the outcome of a trial if I am not mistaken and I could be totally wrong. It is not legal for the DNR, or anyone to TAKE without remedy to the owner or lesse any property permanently.

But I dont know what I am talking about - perhaps...

I could be totally wrong and the DNR can take everything on the spot..

[Holland&Holland]

Growing up the word always was that DNR stood fro Damn Near Russia.

[Dick Unger]

The DNR can initially seize your gun for evidence, in say, a poaching case. Then they can forfeit it if you are convicted or plead guilty to certain charges. It's part of the penalty. They don't just take it and keep it.

In an egregeous case they will fine you or jail you, and forfeit anything that was used in the crime. If you are a duck over limit it probably won't happen. But if ylu poach a Trumpeter Swan they probably will forfeit the gun that was used.

[chudrockz]

Just because someone broke a law doesn't mean they have committed a crime.

And if you can't understand the meaning behind that please don't bother replying.

Why, because you can't explain it with facts or cite examples?

Example #1

"Hi, I'm Joe Politician! I really really dislike certain things, and at the top of the list is people with the name 'Dante'! Therefore, it is now the law of the land that anyone with that name is going to be slapped with a $10,000 fine and publicly flogged!"

Are you guilty of a crime?

Example #2

I'm in my basement smoking a bowl after a hard day at work. Joe PoliceMan sneaks up to my window, peers in, and sees the smoldering bowl and observes me eating Dominos Pizza and innumerable Hostess cupcakes. And busts in and arrests me.

Am I guilty of a crime?

[Heffay]

Just because someone broke a law doesn't mean they have committed a crime.

And if you can't understand the meaning behind that please don't bother replying.

Why, because you can't explain it with facts or cite examples?

Example #1

"Hi, I'm Joe Politician! I really really dislike certain things, and at the top of the list is people with the name 'Dante'! Therefore, it is now the law of the land that anyone with that name is going to be slapped with a $10,000 fine and publicly flogged!"

Are you guilty of a crime?

Example #2

I'm in my basement smoking a bowl after a hard day at work. Joe PoliceMan sneaks up to my window, peers in, and sees the smoldering bowl and observes me eating Dominos Pizza and innumerable Hostess cupcakes. And busts in and arrests me.

Am I guilty of a crime?

You're only guilty if found so during the trial phase. And if the jury upholds the charges, then yes, you are guilty of a crime.

But we're not talking about guilty of a crime. We're talking about committing a crime. In both cases, yes, you've committed a crime.

[Holland&Holland]

The DNR can initially seize your gun for evidence, in say, a poaching case. Then they can forfeit it if you are convicted or plead guilty to certain charges. It's part of the penalty. They don't just take it and keep it.

In an egregeous case they will fine you or jail you, and forfeit anything that was used in the crime. If you are a duck over limit it probably won't happen. But if ylu poach a Trumpeter Swan they probably will forfeit the gun that was used.

Then why are there stories of people from last deer season where people caught baiting had their guns seized in the field at the time?

[Dante]

Just because someone broke a law doesn't mean they have committed a crime.

And if you can't understand the meaning behind that please don't bother replying.

Why, because you can't explain it with facts or cite examples?

Example #1

"Hi, I'm Joe Politician! I really really dislike certain things, and at the top of the list is people with the name 'Dante'! Therefore, it is now the law of the land that anyone with that name is going to be slapped with a $10,000 fine and publicly flogged!"

Are you guilty of a crime?

Example #2

I'm in my basement smoking a bowl after a hard day at work. Joe PoliceMan sneaks up to my window, peers in, and sees the smoldering bowl and observes me eating Dominos Pizza and innumerable Hostess cupcakes. And busts in and arrests me.

Am I guilty of a crime?

Awesome real-life examples my friend!

Since the first one is completely worthless, I'll offer my opinion on the second - the evidence present, assuming it is legal for the po-po to be peering through your window, suggests that you did indeed commit a crime. Are you guilty? That would be for the courts to decide.

[Dante]

The DNR can initially seize your gun for evidence, in say, a poaching case. Then they can forfeit it if you are convicted or plead guilty to certain charges. It's part of the penalty. They don't just take it and keep it.

In an egregeous case they will fine you or jail you, and forfeit anything that was used in the crime. If you are a duck over limit it probably won't happen. But if ylu poach a Trumpeter Swan they probably will forfeit the gun that was used.

Then why are there stories of people from last deer season where people caught baiting had their guns seized in the field at the time?

[sansooshooter]

The problem with this thread is the same as whats wrong with our country and society in general.
We are split down fundmental lines of ideology. Some people think that anything that the state does is ok. Simply because a bunch elected politicans and lobby groups get together and trample
your freedom. Thats well and just.

Then there are those of us who see the incrimental small step by step crushing of your individual freedom and the enslavment of us all to the state . Of course all the laws and regulation is good
for us . Even if what you could do yesterday is a felony today. Its still Good. After all the elected thugs voted it in to the big book of serfdom.

How many laws did you break today with no knowledge having done so?
state /federal/ county and city!
Layer after layer of laws and regulation. Hell lets not talk about the tax laws

Some laws yes! But what we have now is insanity.

[Rodentman]

I bought 4 grip screws on line and wasn't charged sales tax. I forgot to declare the tax and pay to the state. I'll add it in next year.