Wyoming Trespass Laws in Checkerboard

[remmy6.5]

Let's say you want to hunt a section of Checkerboard BLM. To get to it, you have to drive (trespass without permission) across a section of Private ground via an established two track. You get to the BLM section and then commence to hunt.

Since you did trespass through Private, what is the Wyoming state status under which you could be persecuted? Again, no hunting was done on the Private, only BLM and this is NOT a corner crossing

EDIT: the two hunters purposely trespassed. They were tired of the corner cross ****, decided to just pay the piper if caught, drove (but did not hunt) over the private, made it the the BLM and the passenger harvested a premium ant. buck.

Again....Criminal/Civil or G & F Trespass?

Title 6 (Crimes and Offenses) Trespass* 6-3-303. Criminal trespass; penalties. (a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by: (i) Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or (ii) Posting of signs reasonably likely to come to the attention of intruders. (b) Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. (c) This section does not supersede W.S. 1-21-1003.

Title 23 (Game and Fish) Trespass 23-3-305. Hunting from highway; entering enclosed property without permission; penalty; hunting at night without permission prohibited. (a) No person shall hunt, shoot, or attempt to kill any wildlife from any public road or highway. (b) No person shall enter upon the private property of any person to hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)***. (c) No person shall fire any firearm from, upon, along, or across any public road or highway. (d) No person knowingly shall fire any rifle from the enclosed lands of one person onto or across the enclosed lands of another without the permission of both persons. (e) No person shall hunt at night upon privately owned or leased lands except with written permission of the landowner or lessee

 

[WapitiBob]

Title 6

"Wyoming Statute 23-3-305(b) states: “No person shall enter upon the private property of any person to hunt, fish, or trap without the permission of the owner or person in charge of the property.”

" Unlike Criminal Trespass, Game and Fish trespass requires no notification, either by a landowner or a peace officer, that a person is not welcome on a particular piece of property. The responsibility rests entirely on the hunter, angler or trapper to know where he is and whether permission to enter private property has been granted. This may seem rather straight forward, but one might imagine the scenarios that game wardens encounter throughout the year. Hunters may unintentionally stray off public lands onto private lands. Anglers, due to a lack of skill in reading maps or GPS units, may think they are on public land but soon fi nd they are not when a rancher confronts them in the field.

Regardless of intent, there are only two elements that must be shown in a violation of this statute—that the hunter, angler or trapper was on the private land in question without permission and that he was hunting, fishing or trapping.

The question has arisen of whether a person can cross private land without permission to access public land. Aside from the un neighborly aspect of this act, a strict reading of the statute, supported by Court rulings and opinion, suggests that this would not be Game and Fish Trespass if a person did not hunt fish or trap on the private land but was merely crossing the land. Under this view, the only remedy to a landowner would be to provide notification and pursue a criminal trespass complaint should the issue arise in the future.
......."

 

[remmy6.5]

WapitiBob, the two hunters, with their guns still cased, drove across the private. Driving, not hunting. The did not uncase rifles until they were on the BLM. Hunted it, got back to truck, cased guns and drove back out through the private unto the highway.

The passenger filmed both the drive in and drive out.

Could this be considered "hunting" on the private, even though vehicle never stopped, hunters never set foot on ground, rifles remained cased?

 

[WapitiBob]

I haven't stayed in a Holiday Inn lately but was once called a
"Philadelphia lawyer" so in my Cracker Jack opinion, backed by Google, Title 6 is the infraction, not a Title 23 game violation.

As they say, don't get your legal advise off the Internet...

Quote above is referenced here..

Wyoming Lawyer June 2016: Trespass to Hunt, Fish or Trap: An Example of a Strict Liability Law

An Example of a Strict Liability Law Wyoming Game and Fish laws are found in Title 23 of the Wyoming Statutes. This title establishes the authority and duties …

digitaleditions.walsworthprintgroup.com

 

[highfastflyer]

WapitiBob, the two hunters, with their guns still cased, drove across the private. Driving, not hunting. The did not uncase rifles until they were on the BLM. Hunted it, got back to truck, cased guns and drove back out through the private unto the highway.

The passenger filmed both the drive in and drive out.

Could this be considered "hunting" on the private, even though vehicle never stopped, hunters never set foot on ground, rifles remained cased?

Game Wardens issue many citations like that every year. Having a rifle in possession is prima facie Evidence.

 

[WapitiBob]

Of what? Driving down a dirt road with my stw in the truck is evidence of hunting? ha yea

 

[highfastflyer]

Of what? Driving down a dirt road with my stw in the truck is evidence of hunting? ha yea

In Wyoming, you can’t do this, without legal access,…Read his post…….”the two hunters, with their guns still cased, drove across the private. Driving, not hunting. The did not uncase rifles until they were on the BLM. Hunted it, got back to truck, cased guns and drove back out through the private unto the highway.”

 

[remmy6.5]

Game Wardens issue many citations like that every year. Having a rifle in possession is prima facie Evidence.

The driver also had a tool box in the truck. Crow bar, hammer, bolt cutter. Would that constitute prima facia evidence of possession of burglary tools?

 

[highfastflyer]

The driver also had a tool box in the truck. Crow bar, hammer, bolt cutter. Would that constitute prima facia evidence of possession of burglary tools?

No, but it is certainly Trespassing…….If there had been a string of burglar events and break ins in the area it might warrant more research…….

 

[remmy6.5]

Highfastflyer, since you appear to be an expert at Wyoming trespass laws, please explain how possessing a rifle, but NOT using it on private property constitutes a G&F Trespass? But wait a minute, it's obvious that you don't know the meaning of prima facia, but you must think it's cool to say

 

[highfastflyer]

Highfastflyer, since you appear to be an expert at Wyoming trespass laws, please explain how possessing a rifle, but NOT using it on private property constitutes a G&F Trespass?

Game Wardens issue citations all the time for blatant trespassing with the ability to take game and then observing you while hunting on BLM. Its like spotlighting at night while carrying a rifle. If you spotlight and claim you never intended to hunt the Game Warden still issues you a spotlighting citation as it’s Prima Facie evidence to have a weapon in possession. Denying your having the rifle out won’t persuade the Game Warden or the Judge…

 

[remmy6.5]

Game Wardens issue citations all the time for blatant trespassing with the ability to take game and then observing you while hunting on BLM. Its like spotlighting at night while carrying a rifle. If you spotlight and claim you never intended to hunt the Game Warden still issues you a spotlighting citation as it’s Prima Facie evidence to have a weapon in possession. Denying your having the rifle out won’t persuade the Game Warden or the Judge…

please cite some cases, since it happens all the time, of warden writing a ticket in the described circumstance. The driver and passenger have video record that they
1 - only drove across property
2- never stopped, got out or stepped foot on property
3 - never uncased the rifles or shot them

 

[jm77]

WapitiBob is right. This example given is criminal trespass(title 6), not hunting trespass(title 23).

However, that doesn't mean a warden won't write a title 23 ticket. If that happens, fight it in court. The facts are though they are trespassing and this is an unethical way to access and get a "one time" warning.

 

[highfastflyer]

please cite some cases, since it happens all the time, of warden writing a ticket in the described circumstance. The driver and passenger have video record that they
1 - only drove across property
2- never stopped, got out or stepped foot on property
3 - never uncased the rifles or shot them

The Fact you crossed private lands is all the Evidence the Game Warden requires to issue a citation. This is one of the top 10 Game and Fish violations, very common and trying to deny you intended to hunt won’t cut it as you admitted you crossed private lands and secondly it’s prima facie Evidence to have a weapon in possession.
“
Trespassing to hunt, fish or trap.
Hunters must have permission from the landowner to cross or hunt on private land. The Department recommends licensees obtain the signature of the landowner, lessee, or agent of the landowner as evidence that permission to hunt has been granted.” https://wgfd.wyo.gov/Law-Enforcement/Common-Violations

 

[jm77]

(b) No person shall enter upon the private property of any person to hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property.

This wording is what the Attorney General of Wyoming used to determine that without intent to hunt the private land, that a person would not be guilty of title 23 trespass.

 

[highfastflyer]

Trying to skirt a Crime of Trespassing due to a jurisdictional issue also won’t cut it in Wyoming or most states for that matter. If a Game Warden wants to involve a County Sheriff they can and do help out each other all the time. This is a very common violation in Wyoming, one of the top 5.

 

[WapitiBob]

Highfastflyer, since you appear to be an expert at Wyoming trespass laws, please explain how possessing a rifle, but NOT using it on private property constitutes a G&F Trespass? But wait a minute, it's obvious that you don't know the meaning of prima facia, but you must think it's cool to say

He's full of crap. A warden may cite but it'll get tossed before the sun sets. It's a Title 6 issue.

 

[remmy6.5]

Trespassing to hunt, fish or trap.
Hunters must have permission from the landowner to cross or hunt on private land. The Department recommends licensees obtain the signature of the landowner, lessee, or agent of the landowner as evidence that permission to hunt has been granted.” https://wgfd.wyo.gov/Law-Enforcement/Common-Violations

The Fact you crossed private lands is all the Evidence the Game Warden requires to issue a citation. This is one of the top 10 Game and Fish violations, very common and trying to deny you intended to hunt won’t cut it as you admitted you crossed private lands and secondly it’s prima facie Evidence to have a weapon in possession.
“
Trespassing to hunt, fish or trap.
Hunters must have permission from the landowner to cross or hunt on private land. The Department recommends licensees obtain the signature of the landowner, lessee, or agent of the landowner as evidence that permission to hunt has been granted.” https://wgfd.wyo.gov/Law-Enforcement/Common-Violations

Show where this is on a WY STATE STATUTE

What you did is cut/paste an opinion from someone who authored the "common violations" on wgfd.com

Again, Highfly, show me this language on a state statute

 

[remmy6.5]

WapitiBob is right. This example given is criminal trespass(title 6), not hunting trespass(title 23).

However, that doesn't mean a warden won't write a title 23 ticket. If that happens, fight it in court. The facts are though they are trespassing and this is an unethical way to access and get a "one time" warning.

JM, these two guys aren't trying to get a warning. They were more than happy to just say eF it and purposely trespass to access public land and harvest a nice buck and pay a fine. Cheaper than hiring a guide or the $3,500 the landowner wanted. This particular landowner grazed his own land down to dirt, the BLM was fenced with habitat, and not his grazing lease.

Question is, G&F trespass or Civil/Criminal?

 

[remmy6.5]

so, the hunters will take the matter to court. if a judge throws out the G&F charges since no hunting was done specifically on the private ground, does all of a sudden the sheriff writes a ticket for civil/criminal trespass? Or is there a double jeopardy here?

 

[jm77]

JM, these two guys aren't trying to get a warning. They were more than happy to just say eF it and purposely trespass to access public land and harvest a nice buck and pay a fine. Cheaper than hiring a guide or the $3,500 the landowner wanted. This particular landowner grazed his own land down to dirt, the BLM was fenced with habitat, and not his grazing lease.

Question is, G&F trespass or Civil/Criminal?

Honestly, go back where you came from. This is obviously about what you plan to do and that's trespass. I hope they throw the book at you and you get the maximum plus jail time, whether it's title 6 or 23.

 

[highfastflyer]

JM, these two guys aren't trying to get a warning. They were more than happy to just say eF it and purposely trespass to access public land and harvest a nice buck and pay a fine. Cheaper than hiring a guide or the $3,500 the landowner wanted. This particular landowner grazed his own land down to dirt, the BLM was fenced with habitat, and not his grazing lease.

Question is, G&F trespass or Civil/Criminal?

A landowner could certainly sue in a Civil action also if he wants to absorb the legal costs. Likely they won’t unless it’s one of the Billionaire landowners then they might get hit with both Criminal and Civil Complaints.

 

[highfastflyer]

Trespassing to hunt, fish or trap.
Hunters must have permission from the landowner to cross or hunt on private land. The Department recommends licensees obtain the signature of the landowner, lessee, or agent of the landowner as evidence that permission to hunt has been granted.” https://wgfd.wyo.gov/Law-Enforcement/Common-Violations


Show where this is on a WY STATE STATUTE

What you did is cut/paste an opinion from someone who authored the "common violations" on wgfd.com

Again, Highfly, show me this language on a state statute

The source was listed in that post. Do YoU Read? Game and Fish know the laws better than YOU….. Enter or Cross, it’s still ILLEGAL.

 

[tailchasers]

Is Wyoming 2A frienfly? Open carry?

 

[Bookhead]

Yep weather you did it or are planning to do it tresspassing on purpose is garbage that's exactly why we have landowners so pissed at hunters as it is. Don't come here for advice on how best to break the law on purpose there is plenty of public ground to hunt that is legally accessible if there isn't in your area find one that does

 

[remmy6.5]

Honestly, go back where you came from. This is obviously about what you plan to do and that's trespass. I hope they throw the book at you and you get the maximum plus jail time, whether it's title 6 or 23.

WHOA!!!! not about me...this actually happened with a couple of acquaintances of my wife. I have no involvement other then hearing their story.

 

[WapitiBob]

They should have done their homework; I did before I corner crossed. Part of that homework would have been a call to the Chief Warden and he'd have told them if it would be a Title 23 violation and under his jurisdiction.

 

[ReddDesert]

Honestly, go back where you came from. This is obviously about what you plan to do and that's trespass. I hope they throw the book at you and you get the maximum plus jail time, whether it's title 6 or 23.

I don't know the OP, but I know of you, jm77, along with your iconic internet partner Buzz. FYI, what the OP said is true, happened in Uinta County. Maybe consider going back where you came from. Let's talk about that corner crossing defense fund you and your flatbrim pale ale boyfriends are rigging up. Did I read right that money not spent on the defense fund goes to the WGF acess yes program? You mean the same program that pays the welfare ranchers a handsome sum so that we sportsman can access their overgrazed and hoof pounded down to the dirt void of wildlife moonscapes? These same sheetheads, the ones trying to block access to public land, yet you and your internet tough guys want to slick their pockets with more money? Very, very few HMA's and walk ins are even worth 2 cents an acre. The BHA has proven to be a clownship and predictedly, somehow you 'rons will eff the corner cross fight.

 

[highfastflyer]

They should have done their homework; I did before I corner crossed. Part of that homework would have been a call to the Chief Warden and he'd have told them if it would be a Title 23 violation and under his jurisdiction.

Don’t pat yourself on the back just yet, that’s why 4 men are awaiting criminal proceedings in Rawlins right now charged with Trespassing……

 

[jm77]

I don't know the OP, but I know of you, jm77, along with your iconic internet partner Buzz. FYI, what the OP said is true, happened in Uinta County. Maybe consider going back where you came from. Let's talk about that corner crossing defense fund you and your flatbrim pale ale boyfriends are rigging up. Did I read right that money not spent on the defense fund goes to the WGF acess yes program? You mean the same program that pays the welfare ranchers a handsome sum so that we sportsman can access their overgrazed and hoof pounded down to the dirt void of wildlife moonscapes? These same sheetheads, the ones trying to block access to public land, yet you and your internet tough guys want to slick their pockets with more money? Very, very few HMA's and walk ins are even worth 2 cents an acre. The BHA has proven to be a clownship and predictedly, somehow you 'rons will eff the corner cross fight.

I don't take much stock in newbies who hide behind a profile name.

 

[WapitiBob]

Don’t pat yourself on the back just yet, that’s why 4 men are awaiting criminal proceedings in Rawlins right now charged with Trespassing……

They weren't cited under Title 23 and the Chief darn sure knows what his guys can and can't cite for.

 

[Bookhead]

I don't know the OP, but I know of you, jm77, along with your iconic internet partner Buzz. FYI, what the OP said is true, happened in Uinta County. Maybe consider going back where you came from. Let's talk about that corner crossing defense fund you and your flatbrim pale ale boyfriends are rigging up. Did I read right that money not spent on the defense fund goes to the WGF acess yes program? You mean the same program that pays the welfare ranchers a handsome sum so that we sportsman can access their overgrazed and hoof pounded down to the dirt void of wildlife moonscapes? These same sheetheads, the ones trying to block access to public land, yet you and your internet tough guys want to slick their pockets with more money? Very, very few HMA's and walk ins are even worth 2 cents an acre. The BHA has proven to be a clownship and predictedly, somehow you 'rons will eff the corner cross fight.

Cool story bro you're obviously one of the ones that tresspassed on purpose, turd in my opinion. I've killed animals in walk in and hma areas. If you can find public that isn't grazzed id applaud you too, on second thought I wouldn't if you support trespassing.

 

[highfastflyer]

They weren't cited under Title 23 and the Chief darn sure knows what his guys can and can't cite for.

Who cares what title they are cited for, if it is ILLEGAL it doesn’t really matter, Besides, Title 23 trespass cases are one of the highest issued Game and Fish citations in Wyoming. More than 700 a year, very common, despite your Ignorance to recognize it…

 

[WapitiBob]

you're a riot

 

[highfastflyer]

you're a riot

What will certainly be even more entertaining is when Remmy6.5 comes back and tells us what they were charged with. My money is on a Trespassing Conviction, likely a Title 23 citation as are most Game and Fish Trespassing citations and Convictions.

 

[jm77]

you're a riot

r=id

There I fixed it for you Bob.

 

[highfastflyer]

Lots of ROIDS get lanced every year and charged with TRESPASSING every year by Game and Fish….. Maybe you guys like to Watch……..

 

[wytex]

Wow ReddDesert, you must hunt some interesting spots because our HMAs and walk in areas are just fine for producing game over here. Many ranchers enroll so they don't have to answer calls about access from the general public. Get a clue man.

 

[Ultimag]

The driver also had a tool box in the truck. Crow bar, hammer, bolt cutter. Would that constitute prima facia evidence of possession of burglary tools?

Depending on where he was, stopped & what he was doing Certain states, yes he just might be charged with possesion of burglary tools

 

[hossblur]

Curious.

Is it possible to get G&F to closed hunting on all landlocked public ground?

 

[highfastflyer]

Curious.

Is it possible to get G&F to closed hunting on all landlocked public ground?

In Wyoming with Big Ag. and the Stockgowers in firm control it would be Politically very difficult but a slight maybe. The Federal Government also might be able to force an easement across private lands if they pay fair market value for an easement but that’s also very politically sensitive and difficult. The State could try similar legal easement proceedings to force an easement across private lands for landlocked State lands, also nearly politically impossible.