Sunday hunting??
#21
Join Date: Feb 2003
Location: Illinois
Posts: 1,862
RE: Sunday hunting??
The hunting organizations and businesses in those states that (states) prohibit Sunday hunting based on religious reasons, or are highly suspected to be basing the prohibition on religious reasons no matter how the state tries to disguise the reason, need to file a violation of the First Amendment suit in a federal court.
There is much case law regarding similar situation in which the courts found that the states were in violation of the 1st Amendment. In one case, one of the supreme court justices that held that the state was in violation, wrote:
"The First Amendment . . . gives no one the right to insist that in pursuit of their own interests others must conform their conduct to his own religious necessities."
No person or lesser body of government can enforce any rule or legislated law that clearly violates any aspect of the Constitution. Additionally, all states receive federal funds. Doing so puts them in the pocket of the Federal government and those federal funds can be cut if the state does not play ball.
The 1st Amendment clearly states that
"Congress shall make no law respecting an establishment of religion, ….."
Legislating laws that prohibit any activity, business or personal, for religious reasons, can be interpreted as "…….respecting an establishment of religion."
In addition, the "Blue Law" could be found to be violating the Constitutional right of "equal protection."
http://www2.potsdam.edu/alcohol-info...055361019.html
There is much case law regarding similar situation in which the courts found that the states were in violation of the 1st Amendment. In one case, one of the supreme court justices that held that the state was in violation, wrote:
"The First Amendment . . . gives no one the right to insist that in pursuit of their own interests others must conform their conduct to his own religious necessities."
No person or lesser body of government can enforce any rule or legislated law that clearly violates any aspect of the Constitution. Additionally, all states receive federal funds. Doing so puts them in the pocket of the Federal government and those federal funds can be cut if the state does not play ball.
The 1st Amendment clearly states that
"Congress shall make no law respecting an establishment of religion, ….."
Legislating laws that prohibit any activity, business or personal, for religious reasons, can be interpreted as "…….respecting an establishment of religion."
In addition, the "Blue Law" could be found to be violating the Constitutional right of "equal protection."
http://www2.potsdam.edu/alcohol-info...055361019.html
#22
Join Date: Jul 2004
Location: Calgary, Alberta
Posts: 239
RE: Sunday hunting??
It wouldn't make a giant difference to me personally but it sure would make life alot easier to co-ordinate so it didn't always have to be a saturday, heck a guy might get lucky once in awhile and be able to hunt both, or just two mornings etc?. Chances are i'd only be able to hunt one day on the weekend anyhow, with all the other things going on. I'm sure it would be the same for many of us here. As far as the outfitters etc. i dunno how big a difference it would make but i suppose it would add a little flexibility. If it makes sense for game management purposes, which it prolly doesn't, then close down wednesdays instead.
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#23
Fork Horn
Join Date: Feb 2003
Location: SE PA
Posts: 163
RE: Sunday hunting??
I'm from PA. I believe that the banning of most hunting on Sundays is probably rooted in religion ie blue laws. However, they got you coming and going. Since the law allows for the hunting of crows, foxes, and coyotes, then there is no complete ban on Sun. hunting. All they will tell you is that you can hunt on Sun, any Sun., but only for the afformentioned species. They haven't totally banned all Sun. hunting. That's how the powers that be get away with it. You could fight a total ban in court as being exclusionary or discrimanatory. But as long as some, no matter how little, is allowed, they can get away with what in effect is a ban. Its a legal manuever plain and simple.
#25
RE: Sunday hunting??
Personally, leaving Sunday off the books for big game hunting doesn't offend me in the least. There's plenty of weekend "hunters" out there at the sound of the bell come Friday and a party at camps dotted all over the forest on Saturdays. I say allow the animals a day of rest... even if it's just to recover from watching "Stupid Human tricks" in person all weekend. I prefer to hunt throughout the week, when Johnny Wanna Be is sitting in class / work. Two can really be a crowd when the guy next to you is an idiot.
#26
Join Date: Feb 2003
Location: Illinois
Posts: 1,862
RE: Sunday hunting??
JJWIII:
You are correct. However, the state should be forced to support the law in a federal court, and let the court decide if the state's reasons are valid.
What possibly would be the one reason that could fly? That the deer population is so low, hunting must be limited? What else?
You are correct. However, the state should be forced to support the law in a federal court, and let the court decide if the state's reasons are valid.
What possibly would be the one reason that could fly? That the deer population is so low, hunting must be limited? What else?
#27
Fork Horn
Join Date: Feb 2003
Location: SE PA
Posts: 163
RE: Sunday hunting??
Jolly sez
Sorry man, I'm not buying into your argument. The dumba$$es are going to be there whether we like it or not. Besides, allowing them twice as many weekend days to get it out of their system would probably be a plus for somebody that prefers to hunt on weekdays. And that part about allowing the animals a day of rest is ridiculous. The open seasons on deer, turkey and bear make up but a very small fraction of the year. Rest time for these animals is a non-issue. Bottom line is there is no good reason to not allow the hunting of all game species of animals on Sundays. Those who oppose this do so because of 1) tradition (thats the way its always been), 2) religion(Sundays are the Sabbath and therefore hunting should not be allowed), or, 3) the other special interest group, the anti's. They don't want any hunting so a Sunday ban is a step in the right direction to their ultimate goal, no hunting at all. None of these reasons are legitimate as far as I'm concerned.
Personally, leaving Sunday off the books for big game hunting doesn't offend me in the least. There's plenty of weekend "hunters" out there at the sound of the bell come Friday and a party at camps dotted all over the forest on Saturdays. I say allow the animals a day of rest... even if it's just to recover from watching "Stupid Human tricks" in person all weekend. I prefer to hunt throughout the week, when Johnny Wanna Be is sitting in class / work. Two can really be a crowd when the guy next to you is an idiot.
#28
RE: Sunday hunting??
Cant hunt Sundays in CT either & it sucks. I hunt NY with a rifle & its open on Sunday but not here. Late season when I cant hit the woods after work is when it really hurts. Cant say I understand why its this way, its not a lack of deer here as theres too many, you get all the doe tags you want.
#29
RE: Sunday hunting??
I am so glad they opened sunday hunting here in ohio, i got tired of sneaking around the woods on sunday when it wasnt permitted, lol. Just kiddin, but for folks who work all week and only can hunt one day a week isnt just enough in my book.
#30
RE: Sunday hunting??
There is no church and state law in the constitution.