CDFG
 

CDFG checked my license yesterday at LJ, it was the first time, outside of diving, I've been checked while fishing on a kayak. Make sure to bring that fishing license ladies and gents.

Did they come up to you in a boat, or while you were on shore? Mine is always in my dry-bag, so all is good. I just dont want them coming up when I am actively fishing.

I was cranking an iron up when he motored by. Nice guy, he just wanted to see my license and asked if I had any fish. I did not have any fish to show him. I keep my lic in a dry bag in my PA. On a different note, pretty amazing temp drop on the beachfront. Those recent winds must have rolled colder water in.

I've been checked 4 times since I started kayaking back in 14'. Two out the four times was at the sewer.

I went for a surf in my spring suit and froze my dick off! Dropped a good ten degrees!!

No doubt, the temp drop is steep. Hope it doesn't completely shut off the late summer, early fall opportunities.

I'm old but I don't want my dick froze off, I don't want to have to wear a strap on just to take a leak.

Roger that!

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Has anyone ever taken these to court and won...



How did the dfg find a way around the constitution of CA.



Going to have to keep a laminated copy in my kayak, I hate when the come bother me. Then they will probably hassle me, and take my kayak away....


You know how cops act when you get all smart ass with them.... they get the dogs out so they can find probable cause to search your car for being a jerk.

Ever had the dogs search your Yak?

CDFW
 

First off it's CDFW now...

Sarge...you are more than welcome to hire a lawyer and spend ALL your money fighting this in court...I guarantee you will spend ALL your money on this and it will not be resolved to your liking.
It's one thing to stand there and spout off about your rights and another to actually be proactive about it and take it to the courts...I've seen you push this constitution idea around for a few years now...and I haven't seen you gain any traction...maybe you should take over a harbor patrol office or a DFW office and encamp there...it would give you a great audience with all the TV and news coverage...!:confused:
It's one thing to post on BWE and another to actually do something...I'll tell you this...If I brought this up at the last CCA CAL Government Relations Committee meeting...the boys would have run me out of the room laughing the whole while.
The San Diego and OC chapters could use someone on their GRC committees...maybe you should put your ideas and passion to work somewhere that they can do some good.

Oh Yea...Wiredantz...keeping a copy of the Constitution in your yak and fighting with the DFW LEOs will really cement your relationship with them and I'm sure things will go much smoother with enforcement...GOOD LUCK...maybe not such a good way to try and get out of a ticket or make friends with the LEOs...:iamwithstupid:

Buying a license supports CDFW with the additional funds needed to stay in business...could you imagine the free-for-all on the resource if there was license, no rules, or enforcement...THE LAW OF THE COMMONS...read it and weep...!:roll eyes:
The resource would last one or two years and we'd have a desert out there with nothing but Lizard fish...!

OK...morning political rant over...! Time for some coffee...!

JOIN CCA...we are fighting for your fishing rights thru the system and with national support in Washington...this national support by our lobbyist in DC is important with issues like the potential for BFT to become a endangered species and the Monument Act that wants to make the Tanner and Cortez Banks off limits for fishing....state wide we are also working on the Toxic lead ban...the relaxing on Stripper regs to protect the Salmon (when it's really all about the water flows)...Gill nets and deep set bouy gear with the pacific fishery management council...and on and on...It's a 5 page list of the issues that the CCA CAL GRC is working on...!
PLEASE JOIN AND SUPPORT OUR FISHING RIGHTS...please don't wait until the next battle starts and it's too late to organize...! It's important we fight battles we have a chance to win...look what happened to United Anglers...they are in the process of selling their Signal Hill club house and property to PAY THE LAWYERS FEES ON THE MLPA Battles...!
CCA CAL has only a little over 2000 members...that's pretty pitiful when you look at the number of anglers in So.Cal alone...why the apathy........? :confused::confused::confused::confused::confused: :confused::confused:

One last thing...Hey Sarge...did you buy a fishing license this year...come on now, please answer and be honest...?

If the constitution actually held up, then MLPA would have no ground to stand on.


We had lawyers, money, we had people stand up against the MLPA, yet we lost our rights to fish upon certain state own lands.


The reason that this probably does not hold up in court is because of the loop holes.....

How do you take the rights to fish from the people?.... make it a fish hatchery... ( per the CA constitution)


How do you get people to buy fishing licenses:
Well you have the right to fish, but to keep the fish is a different story...

{Per the CA Constitution Section 25:)
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.}


The Legislature might of said well if you want to keep the fish you need to have a license as a condition....



United State's law, even worse CA laws are fairly new compared to other countries who have been around for centuries.

When taking said things to court, statues are always getting amended. That's why every year we have new laws and rules to cover the loops holes of the prior laws. it is sad to say but it's the interpretation of the law, and not always in our favor.





I don't know if what i said is actually true or will be held up in court as things might be subjective... just my own interpretation from what i read.


I do know that to take things to court and supreme court, you need time and money...

DFG, or WIlderness whatever... has plenty of time and money... we pay a fishing license fee to DFG/Deparment of taking rights of people.... so they can find loop holes and spend their resources on people standing up against them and protect some fish at the same time.....and they also have different groups of people who pay them donations...


honestly we are outgunned here...



Let say for example:

I fight this thing, and i somehow get the supreme court attention after losing at the lower level courts on this matter... and by some random odd number they do decide to not throw out my case and actually hear it...

They will say, well Mr. Nacho.... you have a right to fish and not pay a fishing license..... but we need a way to pay for control and enforcement....

So then CA Legislature go back to the drawing board.... and now we have a fish tax or something to that matter.....
(is it really worth it then)

either way we are going to get screwed eventually....



just pay the damn fishing license... most kayak fisherman are already broke that is why we fish on plastic bathtubs.


Now if i ever got a ticket... for forgetting my fishing license, you bet your bottom dollar I am taking this court... I will fight tooth and nail... but i have not forgotten my license yet. lol

This whole talk of the constitution and court challenges is really interesting. While you guys are talking about all this, you need to keep one thing in mind here.

CA has changed. It is no longer the state of free-thinking intelligent creative artistic ground breaking inventors. It has, in almost all ways, become a socialist state where the government controls as many aspects of our lives as possible no matter what some crusty old Constitution or Judge decided back in another age.

I am going to be good and keep it at that. Otherwise I will sit here all damn morning going on tangents on this topic.

I've been checked on the water with lines out. I've had armed DFW climb into the back of my truck and search through all of my kayak hatches while at the launch ramps.

As far as a license goes, it doesn't matter what the Constitution says. All that matters is that some bureaucrat with a cherry picked lawyer redefined some other statute into a legal opinion that justifies limiting a right as being in the best interest of the government. It's sort of like how you have a Constitutional right to due process, except when the government decides you don't, and can drone kill you without due process because of some lawyers' redefinition or reinterpretation of the laws. Buy a license, be prepared to show your papers, and go fishing.

Someone wants to search the inside of my car, kayak, or anything else, they better damn well have a Warrant or some legitimate probable cause.

DFW wardens have more power than police. They do not need a warrant to search you or your vehicles.

Lol, I really got you guys going!! Look Jim, I greatly appreciate all you efforts and attending meetings and everything. The fact of the matter is, look at the number of fish, lobster, etc. that recreational anglers take versus Commercial anglers. Second, let's see how much of this money from the licenses go into things such as the WSB hatcheries or other hatcheries for that matter. All these government kooks don't give a damn, and that's my honest to God opinion, take it or leave it.

Secondly, all licenses are contracts with the government via your strawman (all caps, corporate fiction, name) created at birth with your birth certificate, in order to do business with us. Which is the reason why millions of unconstitutional laws have been created since our last bankruptcy (U.S.) in 1933, and since the creation of HJR. 192.

Third, I don't hire lawyers, because they're officers of the court. Therfore I will always go Pro per/ pro se. It's actually funny how nervous I make judges and prosecutors when you actually KNOW your rights and the laws.

And yes, I am too a sucker and purchased a license. So I don't try to push the limits.

Think about this, how come you never see DFG at the piers? These people use way too many poles, keep short fish etc. Even calling to report people, the DFG don't care, why? Because they have no jurisdiction, since all those pier fisherman have no license , aka contract with them.

By the way, I'm not just a talker. I've defeated crap charges before for traffic, and I would easily do the same from a ticket from DFG. I've actually used the laws I've learned to clean some junk off my credit report too. So I'm not just a talker, I put things into action, and with this knowledge and experience I don't fear this false belief that others have called "Authority". I'm a free man, and as long as I don't violate others life, liberty, or property, then there is no crime, end of story!

What ever happened to land of the free, home of the brave? We Americans really need to grow a pair, seriously.

Sgt Silbaugh out!

Cheers

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AMEN! Especially that last part!

I have also been actively fighting unjust laws nationwide. I dont typically go to court because I have been able to resolve issues via leveraging public officials and the media. I have been on 10 News a few times fighting complete nonsense from various sources. Escondido School district backed down on some stupidity when I made them look like morons during a news interview.

Once these "Officials" realize you are not going to simply pay your ticket and vanish into the herd of cattle, but step up and take a stance, they tend to back down. I think the reason for this is, as Silbaugh pointed out, an empowered individual with the cahones to stand up to them is far too intimidating. Standing up to the bully does not always defeat him, but it usually does. And when it doesnt, the bully is more insecure.

That being said, I also dont break the law simply because I disagree with them. I also carry my expensive piece of paper "Contract" with me every trip.

Supreme cast court ruling - for Federal Rights
 

I read the Murdock v. PEnnsylvania case and the effects were:


"The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution." The state does not have the power to license or tax a right guaranteed to the people.

To my knowledge our state constitution has not been amended and the right to fish is not a federal right. A class action law suit should be filed against the state if it is found that the state is illegally penalizing people for not having a fishing license....


I emailed the fish licensing board on what grounds is the Fishing License being enforced if its out constitutional right to fish and i outlined the different sections in question.

I have yet to receive an answer....


I will document any answer if any, and i will gopro the discussion when i get harassed on the water again from DFG, wildlife or whatever....



Either they will have to amend the constitution, or they will have to penalize heavily for fishing fines... i am still not aware of how the state is able to enforce fishing license.






just like when CHP puts up DUI check points...


ill research the matter more...



*keep in the mind that many people work for Ca wildlife DFG, i am specifically talking about fishing not hunting.*

That is an incorrect assumption and statement.

As the former southern California representative and board member of United Pier and Shore Anglers of California (UPSAC), I have spent a lot of time fishing California piers.

I have been inspected many times at different piers. I have made friends with the wardens, and know them by name. I have even been given their private cell numbers and business cards.

Each warden is a fish and game warden. That encompasses a large area for each warden to inspect.
Our licenses pay some toward hiring of more wardens. They are underpaid and over worked.

I have fought the City of Manhattan Beach when they closed the pier due to a shark incident.The city lawyer cited the California fishing constitution law, yet they closed the pier for nearly three months and put regulations that they had no right to do.

Thus, my recommendation is to have the license, to be polite to the wardens, and fight any injustice you feel in the court, not on the water.


By the way if the warden who checked the OP is named John Potter, he is the nicest warden that I have met. He used to have Catalina, now he is in SD.

License & Registration = contract. They don't care if something is unconstitutional because everything now days is under UCC (Uniform commercial code). Just know your rights, and if you feel that they've been personally violated after you've put them on notice, then you can go after them in litigation.

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I'm just speaking from my own experience that I have never seen DFG officers at the pier. I've only seen survey takers in which they asked if you'd like to participate in a survey and that's it. Thus far I haven't had any unpleasant encounters with DFG officers and I've always been respectful to them. However it seems that other people have had some unpleasant experiences. And I definitely don't intend to be confrontational with any or police officers for that matter. The best thing to do is be courteous, but put them on notice that you're invoking your constitutionally protected rights and if you do happen to get a ticket, then you have the ability to not only challenge the ticket in court but also go on the offensive in filing your own complaint against the officer if that were to happen. Standing up for yourself doesn't mean being an a****** to everybody you come across with a badge. You have to take in consideration they only know what they have been taught. They do not realize what they are enforcing is a violation of constitutional rights, so it is your duty to politely advise them that you are invoking your constitutional rights if you wish to do so. You do not have to do exactly as they say just because they have a badge, but if they pull out their gun, or tackle you to the ground, I would not resist in fear of my life. That is when you do sign the ticket with 1-308 (under duress, without prejudice), basically advising them that you're signing under the threat of force, and then you can fight it legally.

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Attachment 20000

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(learning= Frank)


THe federal constitution is the supreme law of the land.
So is the CA Constitution right under the Federal Constitution?

Is the UCC below the Constitution of CA?

So for California resident is it:
1) Federal Constitution
2) State Constitution
3) UCC - The Fishing license could be null and void if it is a breach of CA constitution

The only person who has a legal contract fishing license is yourself, i mean you have the only legal contract. If you don't sign it or its missing they don't have a contract because the signed fishing license is the legal contract.

So in terms my fishing license does anyone know what percentage actually goes into fish hatcheries- salt or fresh?

They operate in parallel. Not one over the other or vice versa.

https://youtu.be/-Cmc12Dvqhs



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This is information they should be teaching in schools! But the system doesn't want that, they only want good obedient workers, soldiers, etc.

Remember, it was illegal to teach slaves. Then they realized that free range slaves were far more productive, so they let us think we're free, and give us misinformation (brainwash us), and teach us that obeying authority is patriotic.


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Notice how they say the fishing license is not valid until you sign it???? Think about that!!

Then check your driver's license--> it's got your signature too!!! Oh shit

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This is probably the most interesting thread I've seen on this site. I appreciate the info and opinions of all. It would be good to know if anyone has tried using the CA constitutional defense in court (article I, section 25), and if so how it turned out. I would seriously consider doing so should I ever get ticketed for accidentally forgetting my license at home. I wonder if CDFG (I like Game better, so that's what I call it) has seen this defense and therefore would be ready for it.

UCC 1-308 is interesting to learn about. I wonder what's the downside to becoming sovereign..

Two days ago, when I already loaded my kayak and ready to leave LJ. around 1:30 pm.

2 CDFG drove their truck toward me at launch area and said " Wow, wow, don't go, can I check your catch ?"

I stopped my truck and came down explained to them my catch was under my truck bed ( Honda Ridgeline) and it will need to unload the kayak to access the cooler. One officer said "OK, you can go ". So I drove off.

They follow my truck for about a mile and then flash their red light to stop me again.

They said " Sorry , man , one of our officer said you can go, but I think we need to check you catch".

So I had to unload my PA14 and they check every fish I catch and also my license. Of course , I came out clean .

Never had a traffic stop by CDFG ever, first time !!!

Been buying my license for 4 years now. Hoping to show it some officer soon.

Hey guys, just make sure you have your license and follow the regs and you'll be alright. A couple of years ago my son was caught w/o a license ($900 fine). He went down and bought one that day and when he went to court he told the judge he had left it in his car, fine was dropped to about $100. I now buy licenses for everybody on Christmas.

Getting placed in the domestic terror watch list by the Obama Regime!!![emoji23]

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:eek:

Lol......

http://thetruthwins.com/archives/72-...ment-documents

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Well apparently I'm on the list multiple times already, so what's one more gonna hurt? :D

Lol, no kidding. I probably cover at least half the list if not more!!!

#challengejurisdiction

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I think it's going to come down like this:

Information taken from another site:

If you read the law you will see the language is not legalese, but it is very clear and concise: Fishing is a stated absolute right. Meaning it is irrevocable. You can have free speech without a license, you can go to church without a license, Will you be stopped, harassed and even arrested, YES. Will you prevail in court if you cite you Federally and State protected priveleges, YES. Most cases challenged in this manner get thrown out of court in the interest of justice. There is a key statement that a person must make in court and it requires testosterone: Your Honor, I am here because of what is a clear and flagrant violation of my Federal civil right to freedom from unjust detention, equal protection under the law, and my black letter law State of California constitutional right to Fish. Your honor I remind the court that it is the sworn duty of every officer of this court to uphold and defend the Constitution of the State of California, and that there is no immunity for public officials who knowingly or unknowingly violate the civil and constitutional rights of the citizenry. Further Your Honor, I would like to state that such executive an judicial violations are classified as punishable incompatible activities for which a formal complaint can be filed and action taken against the offender. Your Honor I therefore motion the court to rule a factual finding of innocence and an order to all the parties taking action against me to expunge their records of as required by law under such a ruling. End of Statement. If you have testosterone to stand in court and make such a statement, you will enjoy a lifetime of fishing without a license and all your other rights that your grandfathers fought and died for you to keep. The easiest way about this though is to carry a copy of the constitution on your phone and show it to any game warden who attempts to deny you your absolute right to fish! You'll find that if you are polite, they will succumb, if they don't then start your speech (as stated above) and remind them of their sworn duty and how you will respond with an equal amount of paperwork for them violating your rights.

BLA
 

BLA BLA BLA BLA BLA...Now lets see one of you big talkers go without buying a fishing license...please post up photos and a description of your fun time spent in the court system. I'm sure you all bought and signed a fishing license.
By the way that "constitution stuff" worked really good for the lawyers during the MLPA closures...NOT...United Anglers is still paying the lawyers...!
Yea I know....you don't need lawyers and your going to handle it all yourself!
Frank...you seem so sure of your above statement to the court...have you tried it before or is this just something you've read on the internet from another site...?
:roll eyes:
Talk and internet posting is always easy to do...!
Let's see one of you jokers really step up and defend our fishing rights...I predict it won't happen...it will be nothing but HOT AIR once again...!!!!!!!!

That pretty damn good, I might have to plagiarize that!!! The only thing I would add before that is that I would make sure you're on the record ("you're honor is this a court of record"), if he says yes, then I would then state, " for the record, I reserve ALL RIGHTS, not to be bound by any written or unwritten contracts"! I said this one time, and the judge started clowning on me. Before I left court, I demanded a copy of the court minutes, and guess what, THEY RECORDED ON RECORD, ( Defendant reserves rights)!

After putting them on notice that you're reserving your rights, I would then steal your statement because it's really good, I like it.

I'm going to get going on drafting a motion to dismiss as well. This is something that you would first file in the DA's office, and then file a copy with the clerk of court. And most importantly have your own copy with stamps from each of those two offices. This makes it official when you motion to dismiss, and they HAVE TO address it since your paperwork is filed on record.

Good stuff Wiredantz, I dig it!!!

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