CDFG

[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)

[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...

[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

uploadfromtaptalk1473293454989.jpg

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[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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[Silbaugh4liberty]

uploadfromtaptalk1473375370350.jpg

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[alanw]

I think they'd say that keeping your recreational catch is for profit because you profited dinner, which has monetary value.

[Silbaugh4liberty]

Originally Posted by alanw

I think they'd say that keeping your recreational catch is for profit because you profited dinner, which has monetary value.

It's because they treat you (the living soul, living breathing flesh, person), as a corporation. Look up the legal definition of "person", and they categorize it the same as a corporation. Watch this video, it'll explain it better. Keep in mind, Article 1 Section 25 went into effect nearly 30 years before they made this transition to converting us into corporations in this country (before our bankruptcy in 1933).

https://youtu.be/-Cmc12Dvqhs

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[wiredantz]

Just wanted to keep you guys all updated:


Mr. Don Bird went to court and fought his right to fish. He was found liable and cited $740.00 by the judge and granted no jury.

http://www.redbluffdailynews.com/art...NEWS/150619853

http://www.redbluffdailynews.com/art...NEWS/130908131

and by the way he did not get a trail by Jury because the Court said : Infractions do not get Jury Trials.

http://law.justia.com/cases/californ.../42/supp4.html


by the way if you start fighting the state and system, they can declare you a Vexatious Litigant. A Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.

[Silbaugh4liberty]

Originally Posted by wiredantz

Just wanted to keep you guys all updated:


Mr. Don Bird went to court and fought his right to fish. He was found liable and cited $740.00 by the judge and granted no jury.

http://www.redbluffdailynews.com/art...NEWS/150619853

http://www.redbluffdailynews.com/art...NEWS/130908131

and by the way he did not get a trail by Jury because the Court said : Infractions do not get Jury Trials.

http://law.justia.com/cases/californ.../42/supp4.html


by the way if you start fighting the state and system, they can declare you a Vexatious Litigant. A Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.

https://youtu.be/Gil5ZtLO4po

https://youtu.be/Pi_3qP5ZLt8

https://youtu.be/zGNJ7ma-NHE


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[MITCHELL]

Originally Posted by Sully1

CDFG checked my license yesterday at LJ, it was the first time, outside of diving, I've been checked while fishing on a kayak. Make sure to bring that fishing license ladies and gents.

But I was working a combination of three poles fishing for a trout limit of 5 after that I move on to another fish species. So one pole soaking and the other 2 being rotated with bait and lures. Well the game warden had binoculars on me.
And went and got a boat to come out to me and wrote me up for to many poles. Not knowing if I broke the law or not. I signed the ticket and thought to my self a $150 fine no big deal. Well hi way fking robbery the fine was $1180.00 who's the crook here. So I decided to go to court and fight it. The game warden didn't show and it was dropped. I would have paid $150 or $200. But I got off
Scott free

[JohnMckroidJr]

Originally Posted by MITCHELL

But I was working a combination of three poles fishing for a trout limit of 5 after that I move on to another fish species. So one pole soaking and the other 2 being rotated with bait and lures. Well the game warden had binoculars on me.
And went and got a boat to come out to me and wrote me up for to many poles. Not knowing if I broke the law or not. I signed the ticket and thought to my self a $150 fine no big deal. Well hi way fking robbery the fine was $1180.00 who's the crook here. So I decided to go to court and fight it. The game warden didn't show and it was dropped. I would have paid $150 or $200. But I got off
Scott free

Wow, that would have sucked to pay $1180.0 for using an extra rod! Good thing the warden was a no-show.

Glad they don't have any rules like that in Florida, I routinely drag 2 live baits while casting ahead with a lure. We do get visited on the water periodically to check licenses and catches, but all the wardens I have dealt with have been very courteous.

Wardens do monitor YouTube in Florida. A fellow yaker was ticketed for what the warden though was an offense on a video, but we had email correspondences from his headquarters to prove him wrong, so the ticket was invalidated.