Quote:
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.*
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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.
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