Got ticketed for fishing w/o a license.... except I wasn't fishing...

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    Kutnupe14

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    Jan 13, 2011
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    As a young kid, I went "hunting" and "fishing" with my grandpa, and never held a gun or fishing pole until I was older...
     

    USMC_0311

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    Jul 30, 2008
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    As a young kid, I went "hunting" and "fishing" with my grandpa, and never held a gun or fishing pole until I was older...

    First and only time my Dad took me hunting I was 10 -12 yrs old. He made me his dog. I had to jump into the briars and make all kinds of noise. Since I didn't get to shoot I never went with him again. I wonder if I should had a license then? :D

    Think I am going to get my license and go fishing with my son this week end.
     

    snowman46919

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    Oct 27, 2010
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    Well then how would you define bank fishing?

    FYI in larger cities like Indy, the local LEO also give out tickets for illegal fishing without a license from the banks of the White River and Fall Creek or anyother body of water. No one is in the water. You, fishing gear, near water, guilty. No fish needed. Intent to fish is enough.

    If you carry an AR instead of a rod and reel, that may confuse them. But you better have a hunting license on you if you shoot a fish. :)

    You can't take a fish with a fire arm it is against IC, secondly if possession is intent then they could misconstrue every person carrying a firearm has the intent to shoot someone. Everyone that buys rolling papers is a stoner, and everyone that has a spoon is a heroine or coke addict. The in the water reference is a reference to gear not a person standing in the water. Just like if you fish the Ohio from the Indiana side but cast into Kentucky well I sure hope you have a license for that half of the river.
     

    hooky

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    Mar 4, 2011
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    Since over a week has gone by, you may have diminished your chances to talk your way out of it. The person to whom you're pleading your case may take the opinion that if you were really innocent, you would have been all over it the next business day. I'd get your plan together and start working your plan. All the opinions you're getting on here aren't doing you any more good at this point. :twocents:
     

    snowman46919

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    Since over a week has gone by, you may have diminished your chances to talk your way out of it. The person to whom you're pleading your case may take the opinion that if you were really innocent, you would have been all over it the next business day. I'd get your plan together and start working your plan. All the opinions you're getting on here aren't doing you any more good at this point. :twocents:

    Or you could read the thread where it says on the summons he has to wait 10 days.
     

    finity

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    Mar 29, 2008
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    It's rather simple in my opinion (and likely others here as well). You're not fishing until your gear enters the waters of the state (you cast the lure into the water).

    Yup.

    Zoub,

    Is someone who carries a rifle on their own property (for whatever reason)outside of season poaching? Or is the act of "poaching" (hunting without a license/out of season) committed when you actually pull the trigger on the animal?

    Similarly, is "fishing without a license" committed when you simply have the rod in your hand or when you actually "pull the trigger" on the fish (i.e. put your hook into the water)?
     

    hooky

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    Mar 4, 2011
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    Or you could read the thread where it says on the summons he has to wait 10 days.

    I believe the 10 day wait is for them to get it in the system. It shouldn't have anything to do with calling and talking to someone about the situation and trying to avoid the court date altogether. Maybe I'm wrong...
     

    shooter1054

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    Jan 22, 2011
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    South Indianapolis
    You can't take a fish with a fire arm it is against IC, secondly if possession is intent then they could misconstrue every person carrying a firearm has the intent to shoot someone. Everyone that buys rolling papers is a stoner, and everyone that has a spoon is a heroine or coke addict. The in the water reference is a reference to gear not a person standing in the water. Just like if you fish the Ohio from the Indiana side but cast into Kentucky well I sure hope you have a license for that half of the river.


    FYI: Indiana has a reciprocal license with Kentucky on the Ohio River. An IN resident with a valid IN fishing license can fish either side of the river legally from a boat. If you go into a Kentucky creek, then you need a Kentucky nonresident license.
     

    Clay

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    Aug 28, 2008
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    I tell you what, go to your local bar and get :poop: face drunk.

    Then go to the parking lot and sit in the drivers seat, and put the keys in the ignition.

    then call the police and report yourself.

    See if you end up with an OUI even though your not actually driving the car anywhere.

    ;)
     

    snowman46919

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    I tell you what, go to your local bar and get :poop: face drunk.

    Then go to the parking lot and sit in the drivers seat, and put the keys in the ignition.

    then call the police and report yourself.

    See if you end up with an OUI even though your not actually driving the car anywhere.

    ;)

    Keys in the ignition shows intent like a line in the water does. Keys out of the ignition shows intent to sleep it off just like no line in the water means you were carrying a pole. As far as the kentucky license reciprocity deal do you know what date that went into effect because I have a lot of old timers tell me if I am going to fish the Ohio I need to have a license for both.
     

    Jack Ryan

    Shooter
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    Nov 2, 2008
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    How can it be called fishing if the line was never in the water? That is what I don't understand. Last I checked, fish live in water, and they don't really leave that water too often in the interest of their own self-preservation. So if the line never goes in the water, how can holding a pole on the shore be construed as an attempt to catch fish?

    I was born at night but not last night. Tell it to the judge.
     

    Jack Ryan

    Shooter
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    Nov 2, 2008
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    Let us know when you'll be in court. It'll be worth the trip just to watch the show.


    I'll bring the popcorn.
     

    Zoub

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    First and only time my Dad took me hunting I was 10 -12 yrs old. He made me his dog. I had to jump into the briars and make all kinds of noise. Since I didn't get to shoot I never went with him again. I wonder if I should had a license then? :D

    Think I am going to get my license and go fishing with my son this week end.
    Depends on where you are, sadly not all States treat "being the dog equally."

    Take A Kid Fishing Foundation
     

    Zoub

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    May 8, 2008
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    Keys in the ignition shows intent like a line in the water does. Keys out of the ignition shows intent to sleep it off just like no line in the water means you were carrying a pole. As far as the kentucky license reciprocity deal do you know what date that went into effect because I have a lot of old timers tell me if I am going to fish the Ohio I need to have a license for both.
    What they should tell you is READ the laws. If you can not go to the DNR web site and figure it out for yourself, avoid it. When it comes to fishing border/boundry waters Indiana has some of the simplest laws in the country and FYI you were told wrong.

    Just like knowing why, when and how you can legally shoot a squirrel from a canoe with a rifle but you can't shoot a fish with an AR or shoot across an open body of water at a deer. Your lack of knowledge of the laws made you miss my humor but makes my point exactly.

    Ignorance of the law is no excuse. Old timers tellin' Ya or reading BS on the web won't get it when the CO in a Georgia Swamp says to you "Ya all ain't from around here is ya?" If your are lucky all it will cost you is money, google ned beatty squeal like a pig.

    Enforcement of game laws often comes down to the observations of a single sworn officer versus your word. It is always fuzzy unless you have a truck packed full of fish or game. Also, don't clean and pack gamefish in MN the same way you do in Indiana.

    Yeah I get the play on "in" the water and 40 years of fishing "in" almost every State has taught me "where" that "ends" up. Google Bill Clinton define "is". I mean, these two belong together. Define "is in." Line, Weiner, Lures, Cigars................

    That is the point, the CO can not read minds to define intent but he or she can fully describe actions. Since there are such things as Low and Hi Vis lines, the CO is not expected to see the line in the water.

    Many States protect their natural resources one hell of a lot stricter then Indiana does due to related tourism dollars. If people are in my boat and may make one cast on one out of ten days on a ten day fishing trip, they have a license, nomatter what State I am in at the time. It is C-H-E-A-P-E-R that way.

    I see no one has the nuts to take my bet.
     

    Zoub

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    May 8, 2008
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    How can it be called fishing if the line was never in the water? That is what I don't understand. Last I checked, fish live in water, and they don't really leave that water too often in the interest of their own self-preservation. So if the line never goes in the water, how can holding a pole on the shore be construed as an attempt to catch fish?
    I once had a fish jump in my boat. 10-15 minutes earlier he had broken my line. How do I know that he was the fish that had got away? Because he still had my Yamamoto Twin tail grub and jig in his mouth. At that time it could be safe to say I was the ONLY guy using those lures in that area, maybe that entire State. I tossed him back as I did not take him by any legal means even though I was holding a pole at the time.

    A bluegill once jumped out of the river, attacking the red tip of my paddle and then fell into my canoe. I tossed him back because I had no license with me.

    And most importantly remember, 9 out of ten people in prison are innocent. If you do you end up in there, do not insult the mother rapers by insinuating they are guilty because they don't understand.
     

    snowman46919

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    Oct 27, 2010
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    What they should tell you is READ the laws. If you can not go to the DNR web site and figure it out for yourself, avoid it. When it comes to fishing border/boundry waters Indiana has some of the simplest laws in the country and FYI you were told wrong.

    Just like knowing why, when and how you can legally shoot a squirrel from a canoe with a rifle but you can't shoot a fish with an AR or shoot across an open body of water at a deer. Your lack of knowledge of the laws made you miss my humor but makes my point exactly.

    Ignorance of the law is no excuse. Old timers tellin' Ya or reading BS on the web won't get it when the CO in a Georgia Swamp says to you "Ya all ain't from around here is ya?" If your are lucky all it will cost you is money, google ned beatty squeal like a pig.

    Enforcement of game laws often comes down to the observations of a single sworn officer versus your word. It is always fuzzy unless you have a truck packed full of fish or game. Also, don't clean and pack gamefish in MN the same way you do in Indiana.

    Yeah I get the play on "in" the water and 40 years of fishing "in" almost every State has taught me "where" that "ends" up. Google Bill Clinton define "is". I mean, these two belong together. Define "is in." Line, Weiner, Lures, Cigars................

    That is the point, the CO can not read minds to define intent but he or she can fully describe actions. Since there are such things as Low and Hi Vis lines, the CO is not expected to see the line in the water.

    Many States protect their natural resources one hell of a lot stricter then Indiana does due to related tourism dollars. If people are in my boat and may make one cast on one out of ten days on a ten day fishing trip, they have a license, nomatter what State I am in at the time. It is C-H-E-A-P-E-R that way.

    I see no one has the nuts to take my bet.

    Maybe if your going to preach at me about knowing the law, you should make sure everything your going to say is correct.


    IC 14-22-6-10 said:
    Shooting into or across waters of the state
    Sec. 10. A person may not shoot into or across:
    (1) the waters of the state; or
    (2) the boundary waters of the state;
    except in the lawful pursuit of wild animals.

    As I have no intention of ever fishing the Ohio I simply asked for the education on the code which you still failed to cite so you are spouting hearsay just as much as I am.
     

    Zoub

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    May 8, 2008
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    Northern Edge, WI
    Keys in the ignition shows intent like a line in the water does. Keys out of the ignition shows intent to sleep it off just like no line in the water means you were carrying a pole. As far as the kentucky license reciprocity deal do you know what date that went into effect because I have a lot of old timers tell me if I am going to fish the Ohio I need to have a license for both.
    I hope no one who reads this takes this serious. Go ahead and test your theory.
     
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