CDFG

[Silbaugh4liberty]

Originally Posted by wiredantz

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.*

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.

Sent from my SM-G935V using Tapatalk

[Silbaugh4liberty]

Originally Posted by Mahigeer

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.

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.

Sent from my SM-G935V using Tapatalk

[Silbaugh4liberty]

uploadfromtaptalk1472234737800.jpg

Sent from my SM-G935V using Tapatalk

[wiredantz]

Originally Posted by Silbaugh4liberty

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.

Sent from my SM-G935V using Tapatalk

(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?

[Silbaugh4liberty]

Originally Posted by wiredantz

(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 a breach of CA constitution

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

https://youtu.be/-Cmc12Dvqhs



Sent from my SM-G935V using Tapatalk

[Silbaugh4liberty]

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.




Sent from my SM-G935V using Tapatalk

[Silbaugh4liberty]

Originally Posted by wiredantz

(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?

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

Sent from my SM-G935V using Tapatalk

[LSmoot]

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.

[alanw]

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

[da22y]

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 !!!

[bolocop]

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

[ghotion]

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.

[Silbaugh4liberty]

Originally Posted by alanw

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

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

Sent from my SM-G935V using Tapatalk

[alanw]

Originally Posted by Silbaugh4liberty

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

Sent from my SM-G935V using Tapatalk

[Silbaugh4liberty]

Originally Posted by alanw

Lol......

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

Sent from my SM-G935V using Tapatalk

[alanw]

Originally Posted by Silbaugh4liberty

Lol......

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

Sent from my SM-G935V using Tapatalk

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

[Silbaugh4liberty]

Originally Posted by alanw

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

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

#challengejurisdiction

Sent from my SM-G935V using Tapatalk

[wiredantz]

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.

[Saba Slayer]

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...!!!!!!!!

[Silbaugh4liberty]

Originally Posted by wiredantz

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.

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!!!

Sent from my SM-G935V using Tapatalk