# using my truck as a rest



## boehr (Jan 31, 2000)

lwingwatcher said:


> While we certainly have had no unlawful intent but I don't have great faith in officer discretion so.....you gotta know that we will do things differently.


If the law is simply just obeyed then you don't have to be concerned about "officer discretion" or in other words, getting a break when breaking the law.



lwingwatcher said:


> But, my question now becomes...since much of what has said appears somewhat ridiculous (eg---my truck has a cap, my son's doesn't), is their any liklihood of the law ever being changed to more reasonably address some of the awfully picky issues (eg leaning a gun against a vehicle.....) or are we pretty much stuck with what we have?
> 
> You have to know that if my bow is in the back of an open truck and I am not even wearing a release....that I probably am not intending to do anything unlawful---just like the guns in the truck at the range.
> 
> ...


Your situation might very well be true for you. As I have stated many times before, it is difficult sometimes for a hunter who's intent is to be legal to realize or understand how poachers will use loopholes in laws to get away with their poaching activities. Unfortunately I have seen, many times, first hand, poachers driving two tracks or country roads with their gun or bow in the back of the truck, easily accessible, ready to go looking for deer doing nothing but roading hunting which also leads to trespass and in worse cases, someone gets hurt or shot from a hunting accident. So don't look for any support from me and I imagine from most LEO's to change the current law.

Everyone says their intent is not to break the law until they actually do it. Twenty five years in this profession of hearing and seeing that makes it a fact.


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## tommy-n (Jan 9, 2004)

The law is the law, Everybody speeds, and most people get away with it, but when you get a ticket dont whine.


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## lwingwatcher (Mar 25, 2001)

tommy-n said:


> The law is the law, Everybody speeds, and most people get away with it, but when you get a ticket dont whine.


Take a breather will ya----there is no speedometer involved here...


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## lwingwatcher (Mar 25, 2001)

answerguy8 said:


> on edit I added a link to the law:
> http://www.michigan.gov/dnr/0,1607,7-153-10363_10919_11749-31579--,00.html



Be advised that you link DOES NOT take you to the actual law....all the laws are numbered....kinda like 324.4011 or 750.227d or stuff like that...

But, I am still confused after reading the actual law....but, I don't wanna wind up in court having to defend myself either...


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## tommy-n (Jan 9, 2004)




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## twodogsphil (Apr 16, 2002)

How does a long gun resting against the tire of a truck or layng in the bed while the truck is parked relate to poaching?


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## boehr (Jan 31, 2000)

twodogsphil, to anser your question, safety is the answer. Not all hunting laws have to do with poaching, some have to do with safety. Hunting accidents and people dying from hunting accidents is something I hope we all want to avoid. You should not lean your gun up against anything in reality.


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## boehr (Jan 31, 2000)

The actual wording of the law;

324.40111 (1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not take an animal from in or upon a vehicle. 
(2) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm *in or upon a vehicle*, unless the firearm is unloaded in both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat. 
(3) Except as otherwise provided in this part, a person shall not transport or have in possession a bow in or upon a vehicle, unless the bow is unstrung, enclosed in a case, or carried in the trunk of a vehicle. 
(4) A person shall not hunt or discharge a firearm within 150 yards of an occupied building, dwelling, house, residence, or cabin, or any barn or other building used in connection with a farm operation, without obtaining the written permission of the owner, renter, or occupant of the property.


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