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Lawyers specializing in Lacey Act issues & Legal Primer
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Beretta682E
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posted
Does anyone know law firms/lawyers that specialize in Lacey Act ? I was hoping to find a legal primer on it. Often firms specialize in a area of law have a cliff notes version of the law for clients.

Also are there any primers on Lacey Act other than the USDA

http://www.aphis.usda.gov/plan...s/LaceyActPrimer.pdf


Thanks,

Mike
 
Posts: 13145 | Location: Cocoa Beach, Florida | Registered: 22 July 2010Reply With Quote
delloro
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wow. I found no practice guide, treatise, or secondary resource of any use. neither lexis nor westlaw offered anything either.

good luck.

ETA you can always call lexis or westlaw and ask.
 
Posts: 1077 | Registered: 04 January 2005Reply With Quote
Beretta682E
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quote:
Originally posted by delloro:
wow. I found no practice guide, treatise, or secondary resource of any use. neither lexis nor westlaw offered anything either.

good luck.


My very brief research shows that there is very little in the public sphere on this rather draconian law.

Tough to understand what its implications are but the damn govt primer is scary.

Mike
 
Posts: 13145 | Location: Cocoa Beach, Florida | Registered: 22 July 2010Reply With Quote
DCS Member
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You might contact Jon Jackson regarding any articles or briefs he may have drafted. I'm thinking about doing the same.


I meant to be DSC Member...bad typing skills.

Marcus Cady

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Posts: 3458 | Location: Dallas | Registered: 19 March 2008Reply With Quote
Beretta682E
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quote:
Originally posted by DCS Member:
You might contact Jon Jackson regarding any articles or briefs he may have drafted. I'm thinking about doing the same.


Good idea

I think the true mechanics of how this statute works can only come from practitioners. Someone who has litigated a case or two.

Also how does it apply to recreational hunting and not wood imports.

The term Lacey act is often thrown around on AR but few know its mechanics.

I am clueless to it but getting up to speed on a legal subject that is more related to a hobby I don't want to run the meter with professional legal counsel.

And my rough guess is it so specialized that this will go from lawyer to lawyer to find the right person and the bill to get a primer would pay for some good hunting.

Mike
 
Posts: 13145 | Location: Cocoa Beach, Florida | Registered: 22 July 2010Reply With Quote
DCS Member
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quote:
Originally posted by Beretta682E:
quote:
Originally posted by DCS Member:
You might contact Jon Jackson regarding any articles or briefs he may have drafted. I'm thinking about doing the same.


Good idea

I think the true mechanics of how this statute works can only come from practitioners. Someone who has litigated a case or two.

Also how does it apply to recreational hunting and not wood imports.

The term Lacey act is often thrown around on AR but few know its mechanics.

I am clueless to it but getting up to speed on a legal subject that is more related to a hobby I don't want to run the meter with professional legal counsel.

And my rough guess is it so specialized that this will go from lawyer to lawyer to find the right person and the bill to get a primer would pay for some good hunting.

Mike


There was even a Lacey case where a guitar manufacturer (Gibson maybe) got caught using a rare and restricted wood. It is a very broad statute.

I had a deer breeder client convicted of a Lacey violation for transporting deer across state lines. Texas Parks & Wildlife revoked his breeder permit and wanted to euthanize his captive herd. I fought it in Austin against the AG's office representing TPW. In the end, we lost and the deer were shot with .17HMR and .22Mags.

The Lacey Act is strong and covers things from wood, plants, fish, wildlife, and others.


I meant to be DSC Member...bad typing skills.

Marcus Cady

DRSS
 
Posts: 3458 | Location: Dallas | Registered: 19 March 2008Reply With Quote
Beretta682E
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posted Hide Post
quote:
Originally posted by DCS Member:
quote:
Originally posted by Beretta682E:
quote:
Originally posted by DCS Member:
You might contact Jon Jackson regarding any articles or briefs he may have drafted. I'm thinking about doing the same.


Good idea

I think the true mechanics of how this statute works can only come from practitioners. Someone who has litigated a case or two.

Also how does it apply to recreational hunting and not wood imports.

The term Lacey act is often thrown around on AR but few know its mechanics.

I am clueless to it but getting up to speed on a legal subject that is more related to a hobby I don't want to run the meter with professional legal counsel.

And my rough guess is it so specialized that this will go from lawyer to lawyer to find the right person and the bill to get a primer would pay for some good hunting.

Mike


There was even a Lacey case where a guitar manufacturer (Gibson maybe) got caught using a rare and restricted wood. It is a very broad statute.

I had a deer breeder client convicted of a Lacey violation for transporting deer across state lines. Texas Parks & Wildlife revoked his breeder permit and wanted to euthanize his captive herd. I fought it in Austin against the AG's office representing TPW. In the end, we lost and the deer were shot with .17HMR and .22Mags.

The Lacey Act is strong and covers things from wood, plants, fish, wildlife, and others.


Yes it is very broad and the Gibson case is pretty famous.

What I was looking for more is in the context of international big game hunting.

What are the hunter's liabilities for violation of foreign laws during the course of the hunt? How much knowledge does the hunter need to have of foreign laws?

This is a very strong law and I am trying to find out what are the liabilities it imposes on hunters.

This is pretty draconian stuff cause its US enforcement for actions that violate foreign laws. 2 layers of laws operating.

And who among us really knows wildlife and hunting rules overseas when we go on safari.

Mike
 
Posts: 13145 | Location: Cocoa Beach, Florida | Registered: 22 July 2010Reply With Quote
shakari
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We've been trying to get to the bottom of that (breach of overseas game laws etc) aspect for a number of years, so if you do ever get it really sussed out, please do us a favour and write a briefing on it for our shakariconnection.com website?

It is indeed a horrible & murky piece of legislation!






 
Posts: 12415 | Registered: 01 July 2002Reply With Quote
Duckear
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How many hunters have been convicted of Lacey Act violations?

Were they pretty obvious or "there by the grace of God go I" type of convictions?


Hunting: Exercising dominion over creation at 2800 fps.
 
Posts: 3112 | Location: Southern US | Registered: 21 July 2002Reply With Quote
shakari
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quote:
Originally posted by Duckear:
How many hunters have been convicted of Lacey Act violations?

Were they pretty obvious or "there by the grace of God go I" type of convictions?


I've no idea but some of the punishments are incredibly draconian so I guess it'd be nice to know exactly how it relates to US hunters who break game laws whilst overseas.






 
Posts: 12415 | Registered: 01 July 2002Reply With Quote
Duckear
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http://www.barnesandnoble.com/...99?ean=9781594032554


Hunting: Exercising dominion over creation at 2800 fps.
 
Posts: 3112 | Location: Southern US | Registered: 21 July 2002Reply With Quote
scojac
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quote:
Originally posted by Duckear:
http://www.barnesandnoble.com/...99?ean=9781594032554


Here's one for a better price:

Three Felonies a Day - Hardcover

And here's the paperback version:

Three Felonies A Day - Paperback


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Posts: 771 | Location: Missouri | Registered: 09 January 2011Reply With Quote
Beretta682E
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Best I found (actually was guided there by someone in the legal community)

http://www.arnoldporter.com/re...tion%20-%20Asner.pdf

Mike
 
Posts: 13145 | Location: Cocoa Beach, Florida | Registered: 22 July 2010Reply With Quote
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