Would this be considered poaching?

[Shifty]

My son and I were sitting in the front yard plinking with an air rifle when 2 quail popped out of the brush. My boy took the head off of one with a nice shot at about 10 yards. I know it is not quail season right now, but given the situation (personal property, air rifle, child making the shot, no intent to hunt, etc) is this still considered to be poaching?

 

[Owen]

probably. Can't speak for California, but most places I know of, taking any game animal out of season is illegal.

 

[Texan Scott]

I think that's the sort of thing I'd have kept between me and the boy, strictly and forever.

I also think if he's old enough to shoot an air gun, he's old enough to understand that he can't shoot anything he wants just for fun.

 

[Bobson]

I think that's the sort of thing I'd have kept between me and the boy, strictly and forever.

Its probably not that serious. Worst case would be a low three-digit fine. We're not talking about taking elk out of season with a jeep-mounted machine gun.

I also think if he's old enough to shoot an air gun, he's old enough to understand that he can't shoot anything he wants just for fun.

I completely agree.

 

[DM~]

I also think if he's old enough to shoot an air gun, he's old enough to understand that he can't shoot anything he wants just for fun.

Amen!!

DM

 

[Patocazador]

The state "owns" the game animals no matter where they are located. Cut & dried violation = guilty.

 

[Texan Scott]

Sadly, having lived in California, I think a fine might not be the biggest worry.

CPS getting involved because a child "with access to weapons" "committed a crime" "with a gun" "due to inadequate parental supervision" would be a nightmare.

Keep it off the 'net, man.

 

[sjc]

As stated in an earlier post, ".... the state owns the game....". From your post you were aware that quail season is closed and you allowed your son to kill one. You allowed him to violate the law. Great way to instill values in your son.
If I take heat over my post, so be it.

 

[ColtPythonElite]

Yes..........

 

[witchhunter]

I hope Wild Justice doesn't read this forum.....you will be getting a call. Hope we don't see you on TV!

 

[OilyPablo]

When I lived on the creek and the salmon were running and not in season, I could not, no matter how tempting.

 

[bainter1212]

Yeah keep this off the net. Illegal even on private land. CA has regs for all types of allowed hunting weapons. BBQ that thing and don't do it again (or at least don't post about it).

 

[Shifty]

Thank you all for the replies. I screwed up. As a little background, I have never hunted. Was a city boy my whole life until 3 months ago. I learned everything about quail and small game laws after the fact, when my friend mentioned they have a season for hunting various species of birds. I know this sounds ridiculous to most of you, but it was an honest boneheaded and ignorant mistake. I completely failed to recognize the distinction between killing ground squirrels and animals considered to be state property.

As ignorance of the law is no excuse, I am calling a warden to have him confiscate the bird and explain the situation to my son. I have already explained this all to my boy. He was directly supervised at all times, and took the shot only because I ok'd it, and had said "hey I think that's a quail, i heard you can eat those".

The fault is 100% mine and I accept the consequences. At this point I need to make this right for my son, so he sees a positive out of my massively stupid screw up.

Again, thanks for helping me figure this out.

 

[Owen]

Shifty, calling the warden and turning in your kid is probably going to be way more trouble than you want, or deserve. Just don't do it again.

 

[sjc]

Good for you. I do not doubt that your son will learn from this experience.

 

[Shifty]

Owen, yeah I thought about it, but it wouldn't be "turning him in" as he is not at fault. One of the big reasons we moved out of the city was my desire to expose him more to the outdoors. To teach him responsible use of firearms, airguns, slingshots, and all the other things he couldn't do in a city. Turns out i am not quite the teacher for these subjects that I believed I was.

I messed up right outta the gates on this one. And if I get fined I can handle it. The lesson learned for both of us is what matters. I am humbled, and am now taking in all the info I can find on state hunting laws. And as a positive, my sons enthusiasm is in no way diminished, learning of all the different seasons for different game has him excited and seeking more knowledge as well.

 

[j1]

Shame on you for allowing such behavior. Poor example to set.

 

[Shifty]

I agree J1, I feel like an idiot. No excuses. Screwed the pooch on this one, but i am attempting to salvage the situation.

 

[Dave P]

"I am calling a warden "

Are you serious?? Please come back here after your visit/call and tell us what happens. If we don't hear from you for a couple of months, ...

 

[Shifty]

To clarify again, I was so excited to see a an animal on my property that I could actually eat, I told him to take the shot. My limited city worldview on things didn't comprehend the ramifications of this. A bird in my front yard was all i saw. I had only thought of hunting as deer and whatnot. Everything I have learned has since come after my initial post. Again, as ignorance is no excuse, I want to try and set an example for my son.

 

[CD8226]

Shifty, I'd just leave it be. It appears you and your son have both learned a valuable lesson over this. However as Texan Scott said earlier you may be opening up a bigger can of worms than you ever expected. Don't say anything to anyone else about it and go on about your busines. I know you want to do what is right, but I'm afraid you don't realize the trouble you could cause yourself and the rest of your family over this.

 

[HOOfan_1]

Don't get me started on Wild "Justice". I remember a show where they wrote up a guy hunting with an M1 carbine...for using ammo with lead...and using FMJ.....if it was FMJ how the hell did they know it contained lead???

No laws in Virginia about using FMJ bullets for hunting.
Plenty of other stuff on that show which makes me have less respect for those Wardens

 

[Art Eatman]

Shifty, I'd just leave it be. You did not purposely break the law. Talk with your son about your own ignorance, and now you know better. Nobody was born an expert anything. That's just life.

Call it an in-family learning experience and don't make a bigger deal out of it than it really is.

 

[-Jake-]

I wouldn't involve the game warden fwiw. I grew up popping birds all over the place with my BB gun. All kids should. I learned a lot.

 

[T Bran]

Ok so you messed up don't make it worse by involving the authorities. If you really feel some form of penance is in order find a hunter education class in your area and enroll both you and your son.
You might be amazed at what you will learn and losing a few Saturdays is punishment enough.
T