Portions of this discussion reminds me of those folks who think that because they request a U.S. Postal Money Order for the payment of their goods in the Classifieds that if they are somehow defrauded by the buyer that the U.S. Postal Service Inspectors will and should jump right in and solve their case with subsequent prosecution by the US Attorney's office. Not going to happen for a single $500 transaction.

Using the Lacey Act to prosecute a poached deer that was moved across state lines, is the exact type of behavior that encourages the abuse of power via other provisions of Federal law.

quote:

Originally posted by Mike_Dettorre:
Portions of this discussion reminds me of those folks who think that because they request a U.S. Postal Money Order for the payment of their goods in the Classifieds that if they are somehow defrauded by the buyer that the U.S. Postal Service Inspectors will and should jump right in and solve their case with subsequent prosecution by the US Attorney's office. Not going to happen for a single $500 transaction.

Using the Lacey Act to prosecute a poached deer that was moved across state lines, is the exact type of behavior that encourages the abuse of power via other provisions of Federal law.

I respectfully disagree. We are all aware of the Lacey Act and what it means to poach a deer and take it to a different state. This asshole stole from a landowner and from the residents of Indiana which own the wildlife. He knowingly committed this crime and bounced. He wants to be famous, make the mother f**ker famous and make an example out of him to deter others from doing the same

quote:

Originally posted by drummondlindsey:

quote:

Originally posted by Mike_Dettorre:
Portions of this discussion reminds me of those folks who think that because they request a U.S. Postal Money Order for the payment of their goods in the Classifieds that if they are somehow defrauded by the buyer that the U.S. Postal Service Inspectors will and should jump right in and solve their case with subsequent prosecution by the US Attorney's office. Not going to happen for a single $500 transaction.

Using the Lacey Act to prosecute a poached deer that was moved across state lines, is the exact type of behavior that encourages the abuse of power via other provisions of Federal law.

I respectfully disagree. We are all aware of the Lacey Act and what it means to poach a deer and take it to a different state. This asshole stole from a landowner and from the residents of Indiana which own the wildlife. He knowingly committed this crime and bounced. He wants to be famous, make the mother f**ker famous and make an example out of him to deter others from doing the same

I also have to disagree with Mike on this one. Prosecute that dumbass to the fullest extent of the law using the Lacey Act and anything else available to send a message that this crap must stop,

Then we disagree on the appropriate use of limited federal law enforcement and prosecutorial resources.

quote:

Originally posted by Mike_Dettorre:
Then we disagree on the appropriate use of limited federal law enforcement and prosecutorial resources.

So Mike, what in your opinion is the appropriate use of federal charges? You do realize that the Lacey Act is used exactly for crimes where a person transports illegally taken wildlife from one state to another and that is exactly what that scumbag did don't you?

quote:

Originally posted by LHeym500:


The State and Fed are separate sovereigns. This means if the State Statute and Federal Statute are identical, one can still be prosecuted separately and independently by either (state or Fed) jurisdiction regardless of the outcome in either court.

That concept is being tested today with Gamble vs US (SCOTUS). Doesn't look like it will be overthrown, however.

Larger scale violations because state law is more than adequate to handle this level of violation.

The Lacey Act. Need anything more be said? Do you support other Federal laws involving say immigration?

Federal law itself is another topic entirely as the attorneys here can attest to. Gross overreach, vaguery and broad inclusiveness make it something you NEVER want to be on the radar for.

I believe the appropriate use of the Lacey Act are international game violations such as killing an animal on the endangered species list and bringing it back to US in violation of US fed law.

Market hunting. I could see this being an issue with some migratory birds still.

Large scale poaching rings that cross state lines. For example an outfitter who hunts two or more states killing or directing the killing of multiple deer over bag limits of those states. Or, rigging/gaming sheep draws in multiple states.

And finally, the killing of animals on the endangered species list like wolves. The shoot, shovel, and shut up brigade. I cannot understand how one can support killing wolves illegally, but insist on Federal prosecution for one over shot deer that is a misdemeanor in the state the offense accord.

Finally, Federal Law Enforcement Resources in Illinois have bigger things to worry about with gang and drug fueled genocide in the inner city and Whote Collar crime in Chicago.

I know wolves are a plague and are not being managed, but if you are going to be legal beagle, hang them by their toe nails about one over shot deer. The logic strikes me you should respect, even if you disagree with, the law concerning wolves.

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And finally, the killing of animals on the endangered species list like wolves. The shoot, shovel, and shut up brigade. I cannot understand how one can support killing wolves illegally, but insist on Federal prosecution for one over shot deer that is a misdemeanor in the state the offense accord.Finally, Federal Law Enforcement Resources in Illinois have bigger things to worry about with gang and drug fueled genocide in the inner city and Whote Collar crime in Chicago.I know wolves are a plague and are not being managed, but if you are going to be legal beagle, hang them by their toe nails about one over shot deer. The logic strikes me you should respect, even if you disagree with, the law concerning wolves

quote:

And finally, the killing of animals on the endangered species list like wolves. The shoot, shovel, and shut up brigade. I cannot understand how one can support killing wolves illegally, but insist on Federal prosecution for one over shot deer that is a misdemeanor in the state the offense accord.

I believe this is because deer aren't out there slaughtering a ranchers livestock. I see a big difference between an animal that is causing great harm over a deer illegally hunted. Just MHO. Predators get no mercy on my property. I have LGD's living with my stock 24/7 and also trap year round on my place. I'm not in wolf country but knowing what I know, if one isn't proactive, the financial loss can be great.

quote:

Originally posted by Aspen Hill Adventures:

quote:

And finally, the killing of animals on the endangered species list like wolves. The shoot, shovel, and shut up brigade. I cannot understand how one can support killing wolves illegally, but insist on Federal prosecution for one over shot deer that is a misdemeanor in the state the offense accord.

I believe this is because deer aren't out there slaughtering a ranchers livestock. I see a big difference between an animal that is causing great harm over a deer illegally hunted. Just MHO. Predators get no mercy on my property. I have LGD's living with my stock 24/7 and also trap year round on my place. I'm not in wolf country but knowing what I know, if one isn't proactive, the financial loss can be great.

Being pro-active and violating a law just because you don't like it are two way different things!

quote:

Originally posted by Topgun 30-06:

quote:

Originally posted by Mike_Dettorre:
Then we disagree on the appropriate use of limited federal law enforcement and prosecutorial resources.

So Mike, what in your opinion is the appropriate use of federal charges? You do realize that the Lacey Act is used exactly for crimes where a person transports illegally taken wildlife from one state to another and that is exactly what that scumbag did don't you?

We could start a whole thread on the un-constitutional use of the commerce clause to further the empowerment of the federal government.

Many years ago a famous bow hunter whose name I cant recall but he traveled the states with an abundant amount of B&C deer heads and was the talk of the industry..Shot them all in a winter feed ground with his stick and string bow..Went to jail for how long I don't know..

I also recall a almost famous young gun writer that wrote a hunting story of hunting whitetails, and had a picture of the deer he killed Skull and horns, big deer, it was an old pick up skull snow white and crusty..what a jerk..

None of this has changed those kind are still out there, Saeeds favorite famous outfitter/hunter fits that bill and is a topic of conversation often..

quote:

We could start a whole thread on the un-constitutional use of the commerce clause to further the empowerment of the federal government.

Federal Gun Free School zone act of 1990-1995
To amend title 18, United States Code, with respect to gun free
schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Gun-Free School Zones Act of 1995''.

SEC. 2. PROHIBITION.

Section 922(q) of title 18, United States Code, is amended to read
as follows:
``(q)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both the
Judiciary Committee of the House of Representatives and the
Judiciary Committee of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to or
through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to send
their children to school for the same reason;
``(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign commerce
of the United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves; even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.
``(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual knows, or
has reasonable cause to believe, is a school zone.

https://wqad.com/2019/07/18/fo...ty-to-poaching-deer/



Former hunting show host from Peoria pleads guilty to poaching deer

POSTED 9:17 AM, JULY 18, 2019, BY HANNAH RODRIGUEZ


PEORIA, Illinois — The former host of “Fear No Evil,” a hunting show that aired on the Outdoor Channel, has pleaded guilty to poaching deer.

Christopher Brackett, 41, from East Peoria, Illinois, admitted to killing two bucks in Indiana while filming an episode of his cable TV show in December, 2013. Per season, Indiana state law permitted hunters to kill only one buck.

Brackett nicknamed the second buck the “Unicorn Buck” for its unique antlers and, under the Lacy Act, a U.S. Conservation Law, illegally transported it back to his home in East Peoria.

The poaching of the “Unicorn Buck” was featured on Brackett’s show in 2014. The host confessed to instructing a cameraman and producer to hide footage of the kill of the first, smaller buck.

Brackett further confessed to instructing an employee to destroy an eight-point rack in 2017 prior to charges filed against him.

Brackett was set to be sentenced on November 5, 2019. He has agreed to serve 2.5 years of probation; during that time he is banned from hunting worldwide. He also has to pay $3,500 to the State of Indiana as well as a $26,500 fine.

“Maybe the punishment is lil (sic) longer time out and at bigger monetary cost but all in all God is good,” Brackett said in a Facebook post. “Six years ago was a long time and long before this whole thing was dug up I was a different man and now that it’s over… I look forward to the future.”


The charges were investigated by the U.S. Fish and Wildlife Service with the assistance of both the Illinois and Indiana Departments of Natural Resources.