CDFG

[Silbaugh4liberty]

Originally Posted by wiredantz

I found all these cases, i think it will help for a motion to dismiss:




The Nature of a License:

A license is merely a permit or privilege to do what otherwise would be unlawful. Payne v. Massey, 196 S.W. 2d 493; 145 Tex. 237, 241.

The purpose of a license is to make lawful what would be unlawful without it. State v. Minneapolis- St. Paul Metro Airports Commission, 25 N.W. 2d 718, 725.

A license is a right granted by some competent authority to do an act which, without such license, would be illegal. Beard v. City of Atlanta, 86 S.E. 2d 672,
676; 91 Ga. App. 584.

A license confers the right to do that which without the license would be unlawful. Antlers Athletic Ass’n v. Hartung, 274 P. 831, 832; 85 Colo. 125

A license is a mere permit to do something that without it would be unlawful. Littleton v. Burgess, 82 P. 864, 866; 14 Wyo. 173.

Generally, a license is a permit to do what, without a license, would not be lawful. Bateman v City of Winter Park, 37 So. 2d 362, 363; 160 Fla. 906.

Definition: License: A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal,
or would be a trespass or a tort. Black’s Law Dicti0onary, 2d Ed. P. 723 (1910)

Nice! I'd make a copy and scan it to pdf of your letter you got back from them for future reference as well. Good stuff, I'm going to have to save these case laws.

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[wiredantz]

CDFW- sent me the hardcopies of the supreme court cases regarding my argument.


Mr. _____________,

The information provided by Ms. Orme is correct, and it seems pretty clear and straightforward. Except for on free fishing days, or from specific public piers in ocean waters, fishing licenses are required in California. Also, In re Quinn is not a federal case. You seem to be making an argument that was rejected by the courts long ago. I encourage you to review the attached court decisions or consult private counsel, but there is not much more to be said regarding this matter. Thanks,


Nathan Goedde
Senior Staff Counsel
California Dept. of Fish & Wildlife
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
nathan.goedde@wildlife.ca.gov







































CDFW has not provided any other court case other than these two.....

[wiredantz]

I think they are trying to tell me something...

[jruiz]

They're mocking you Frank!! Show them you mean business!

[alanw]

Those cases refer to the right as a privilege, and seem to deal with fishing for profit.

[jorluivil]

And at the end of the day, or year, we will still go out and purchase our annual fishing license with ocean enhancement stamp.

[Silbaugh4liberty]

Originally Posted by jruiz

They're mocking you Frank!! Show them you mean business!

No kidding. Their stupid asses have the very first case stating "fishing for profit". Who ever said anything about fishing for profit? SMH

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[Silbaugh4liberty]

Originally Posted by jorluivil

And at the end of the day, or year, we will still go out and purchase our annual fishing license with ocean enhancement stamp.

Just to feed the MLPA machine!!!

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[wiredantz]

After all the research i did... I am going to put it into perspective:

Liberties and rights before the constitution are still granted by the constitution...


When cases go up to the supreme court, they get to pick and choose their cases. Why?

The Court receives approximately 7,000-8,000 petitions for a writ of certiorari each Term. The Court grants and hears oral argument in about 80 cases. (a lot of the cases are so controversial that the supreme court rules them 5-4)


THERE IS NO WAY IN THE WORLD THERE GOING TO HEAR A CASE THAT WILL BREAK THE SYSTEM.



After all the research that i did, and the CDFW issues you a complaint.
The judge will ask you how do you plea?


You are not going to plea....

Your going to ask for a demur for a motion of dismiss with prejudice.

CDFW filed that complaint they have to prove they have jurisdiction over your right to restricted fishing.

that is going to cost them money to defend.



At the end of the day, the Judge does not want to be held liable for breaking the system so if you know your rights it will probably be dismissed.

and if it is dismissed you can submit your bill to the court for wages you lost, copies, faxes. etc....

But once again, take my words with a grain of salt...( im learning)


we still pay for registration of guns, mirage licenses, driver licenses,, and many other things.


im getting a fishing license...for 2017 unless i can claim i have a disability.


IF CDFW files the complaint ( citation) you have a right to trial by jury. They pay, you don't pay...
If you lose and want to appeal, then you pay....

correct me if im wrong...

[Silbaugh4liberty]

Originally Posted by wiredantz

After all the research i did... I am going to put it into perspective:

Liberties and rights before the constitution are still granted by the constitution...


When cases go up to the supreme court, they get to pick and choose their cases. Why?

The Court receives approximately 7,000-8,000 petitions for a writ of certiorari each Term. The Court grants and hears oral argument in about 80 cases. (a lot of the cases are so controversial that the supreme court rules them 5-4)


THERE IS NO WAY IN THE WORLD THERE GOING TO HEAR A CASE THAT WILL BREAK THE SYSTEM.



After all the research that i did, and the CDFW issues you a complaint.
The judge will ask you how do you plea?


You are not going to plea....

Your going to ask for a demur for a motion of dismiss.

CDFW filed that complaint they have to prove they have jurisdiction over your right to restricted fishing.

that is going to cost them money to defend.



At the end of the day, the Judge does not want to be held liable for breaking the system so if you know your rights it will probably be dismissed.


But once again, take my words with a grain of salt...( im learning)


we still pay for registration of guns, mirage licenses, driver licenses,, and many other things.


im getting a fishing license...for 2017 unless i can claim i have a disability.


IF CDFW files the complaint ( citation) you have a right to trial by jury. They pay, you don't pay...
If you lose and want to appeal, then you pay....

correct me if im wrong...

Agreed, they're not going to bite the hand that's feeding them. I'm not going to test it until I know how to file a lawsuit first. I'm down for taking risks, but a calculated risk is a little better than just winging it.



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[Silbaugh4liberty]

https://steemit.com/voluntaryism/@ja...y-of-a-citizen

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[PapaDave]

Hmmm, let me see, spend a lot of time, and perhaps money, challenging a license fee of $52 or pay the fee and spend the same amount of time, and money, fishing....

Have fun in court y'all...

[Mr. NiceGuy]

"Please review all applications, and choose which one is appropriate for your entitlement."

Signed anonymously, "CDFW"


DEF: "entitlement" (according to the government)

1. 2 : a government program providing benefits to members of a specified group; also : funds supporting or distributed by such a program

An entitlement is a government program guaranteeing access to some benefit by members of a specific group and based on established rights or by legislation.^[1][2] The term may also reflect a pejorative connotation, as in a "sense of entitlement". A "right" is itself an entitlement associated with a moral or social principle, while an "entitlement" is a provision made in accordance with a legal framework of a society. Typically, entitlements are based on concepts of principle ("rights") which are themselves based in concepts of social equality or enfranchisement.
https://en.wikipedia.org/wiki/Entitlement

[wwkf]

Originally Posted by PapaDave

Hmmm, let me see, spend a lot of time, and perhaps money, challenging a license fee of $52 or pay the fee and spend the same amount of time, and money, fishing....

Have fun in court y'all...

X2

[Silbaugh4liberty]

Originally Posted by PapaDave

Hmmm, let me see, spend a lot of time, and perhaps money, challenging a license fee of $52 or pay the fee and spend the same amount of time, and money, fishing....

Have fun in court y'all...

It's a matter of principle, not price to me. Enjoy your privilege, I'll enjoy my right! #challengejurisdiction

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[YakDout]

Originally Posted by jorluivil

And at the end of the day, or year, we will still go out and purchase our annual fishing license with ocean enhancement stamp.

Too bad we can't just buy the 5 buck ocean stamp. I never fish freshwater.

[wiredantz]

[IMG][/IMG]


This guy is an attorney and he says get your fishing license....

So it's going to be like 100 dollars soon with all those stamps...



[IMG][/IMG]



Here is a federal fishing act from 1950s


https://www.fws.gov/laws/lawsdigest/FASPORT.HTML

[PapaDave]

Originally Posted by Silbaugh4liberty

It's a matter of principle, not price to me. Enjoy your privilege, I'll enjoy my right! #challengejurisdiction

Like I said, have fun with that....

[Silbaugh4liberty]

Originally Posted by PapaDave

Like I said, have fun with that....

I sure will. See, people are too used to being comfortable, and afraid of a challenge. Without taking risks in life, you're already dead in the mind. With every single risk you take, you build confidence, then you're willing to take more risks, and it creates the snowball effect, and you're more capable of achieving your goals. My goal= Freedom (hence my screen name is made over 2 years ago). You can have safety and security (in a jail cell, and most are already there mentally because they're scared). The choice is yours.

"Give me liberty, or give me death" ~Patrick Henry~



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[wiredantz]

Someone go find a recently graduated college kid that wants to make a name for himself!