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Old 11-09-2015, 06:50 AM   #9
octico
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Join Date: Mar 2014
Location: The city of Orange
Posts: 1,278
Quote:
Originally Posted by Silbaugh4liberty View Post
It says, "by statute, may regulate the season and method of take". Nothing about the license.

Here's some case law for ya too!


Murdock v. Penn., 319 US 105 (1943)
No State shall convert a liberty into a privilege, license it, and attach a fee to it.

Shuttlesworth v. Birmingham, 373 US 262 (1963)
If the State converts a liberty into a privilege, the Citizen can engage in the right with impunity.


Miller v. U.S., 230 F. 2nd. 486, 489 (5th Cir. 1959) Id. at 489-490
The claim and exercise of a Constitutional right cannot be converted into a crime.
Where you been in Kevin? Good luck trying to use that argument in court. Its pretty clear in the fish and game code.

Article 2. General Provisions - California Fish and Game Code Section 7121

Quote:
7121. Except as otherwise provided by this code or by regulation,
it is unlawful to sell or purchase any fish or amphibia taken in, or
brought into, the waters of the state, or brought ashore at any point
in the state.
It is unlawful to buy, sell, or possess in any place of business
where fish are bought, sold, or processed, any fish or amphibia taken
on any boat, barge, or vessel which carries sport fishermen, except
those fish may be possessed in such a place only for the purposes of
canning or smoking under regulations adopted by the commission.
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