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Hunting license

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[ Portable History of the English Language, p. 43 (Columbia U. Press 2007), citing Cecily Clark, The Peterborough Chronicle (2nd ed. Clarenden Press 1970).</ref>

This was because "William the Conqueror's moral life lives in the landscape. His control of the forest mirrors his control of the people, and his establishment of hunting laws reveals the dissonance between his love for animals and his contempt for the populace: ...[1]

He loved the wild animals
As if he were their father.

Purposes

U.S. Forces hunting instructors representing garrisons Ansbach, Bavaria, Rheinland-Pfalz, Stuttgart and Wiesbaden, as well as Ramstein and Spangdahlem Air Bases complete recertification at Grafenwoehr, Baumholder in Germany.

Hunting licenses have several purposes. These reasons include: public safety (especially of children, both as hunters and bystanders), regulation and conservation of wild animals, revenue for the sovereign state, and containing the transmission of animal-borne diseases (such as Lyme disease and rabies). The safety issues are especially highlighted in urban areas and shopping districts. For example, after in an incident in November 2012 whereby a man allegedly shot at a deer in a Walmart parking lot in Pennsylvania, he was charged with "reckless endangerment, ... hunting without a license, shooting on or across highways and unlawful killing or taking of big game."[2]

Australiaconstitutional right under the Second Amendment.[3][4]

As a general rule, unprotected pest species are not subject to a hunting license. Vermin may be hunted without a license, or may even be the subject of a bounty paid to the hunter.[5]

A Fetion proposed lifting some restrictions in 2005 (for antelopes), as did the Norwegian Government (for wolves) in the same year.[6]

Exemptions

Both Federal and state laws exempt the following:

  1. Pest species, as noted above, such as rodents. There is a false urban legend that a hunting license is required to trap mice.[7]
  2. Native Americans based on Native American treaties; some states require residency on a Native American reservation.[8] The Supreme Court of the United States held in Menominee Tribe v. United States that Congress must affirmatively take away Native Americans' hunting rights; otherwise, Native Americans are presumed to have such rights and do not required hunting licenses.
  3. Specific statutes, such as the Marine Mammal Protection Act and eagle feather laws (see below).
  4. Alaskan Natives.
  5. Active service members of the military, who often get free licenses.[8]
  6. The blind.[8]
  7. Sport hunting for targets.
  8. Youth are usually exempt from paying for a hunting or fishing license, but this varies by state from those under 12 years old to those under 16 years of age.[9]

Eagle Feather Law

The Eagle feather law, (Title 50 Part 22 of the Code of Federal Regulations), stipulates that only individuals of certifiable American Indian ancestry enrolled in a federally recognized tribe are legally authorized to obtain eagle feathers for religious or spiritual use. American Indians and non-American Indians frequently contest the value and validity of the Eagle feather law, charging that the law is laden with discriminatory racial preferences and infringes on tribal sovereignty. Their arguments include that the law does not allow American Indians to give eagle feathers to non-American Indians, a common modern and traditional practice. (Many non-American Indians have been adopted into American Indian families, made tribal members, and given eagle feathers.)

Challenges regarding the Second Amendment

Some hunters have challenged hunting licenses, as being in violation of the right to keep and bear arms as guaranteed by Second Amendment to the United States Constitution; the Supreme Court of the US in February 2008, heard arguments on the proper standard of review for gun laws or regulations.[10] However, in District of Columbia v. Heller,[11] the Court declined to examine the broader issues, leaving state hunting licenses valid and in force.

The current law is unclear as to what standard of review would apply, but the rational basis or arbitrary and capricious tests are the most likely standards. Under either standard, most hunting license regimes in the United States would likely pass muster, due to the need to conserve natural resources, to enforce the police power, and to raise revenue, all valid purposes of such laws.

Public policy arguments

Most major conservation organizations in the US favor the continued legality and regulation of hunting, including Ducks Unlimited, the National Wildlife Federation, and The Wilderness Society.[12] The Defenders of Wildlife,[13] National Audubon Society, and the World Wildlife Fund[14] also support licenses for regulated hunting of wildlife.

The Sierra Club supports hunting licenses, but there has been tension in the group for two decades between those who want to ally with hunters and to regulate them, and those opposed to hunting altogether.[15][16][17][18]

The American Humane Association and the People for the Ethical Treatment of Animals are opposed to hunting, and would ban the practice rather than regulating it.

See also

Notes

  1. ^ Old English text here is removed.
  2. ^ "Man Charged For Hunting In A Walmart Parking Lot". March 27, 2013. Retrieved March 27, 2013.
  3. ^ See description of # of tag holders in N.Y. state: [1].
  4. ^ See also Driver's license
  5. ^ See, e.g., Learning How to Shoot, or Is There a Gay NRA?, by Erik F. vonHausen, Diversity Rules!, May/June 2007.
  6. ^ "Permission given to hunt endangered wolves". New Scientist. 2005-01-22. Retrieved 2007-09-21.
  7. ^ Barbara and David Mikkelson, "Trapping License", at Snopes.com website. Accessed March 17, 2011.
  8. ^ a b c See Hunting Licenses: Free Licenses and NEW YORK STATE DEPT OF ENVIRONMENTAL CONSERVATION: RESIDENT SPORTING LICENSE APPLICATION. Both retrieved February 23, 2012.
  9. ^ Cite error: The named reference Toth was invoked but never defined (see the help page).
  10. ^ Joan Biskupic, Do you have a legal right to own a gun?, USA Today, February 27, 2008, p. 1-2.
  11. ^ District of Columbia v. Heller, 554 U.S. ___ (2008).
  12. ^ "Hunters and Conservation". national Shooting Sports Foundation. n.d. Retrieved July 22, 2013.
  13. ^ Sandra Purohit (n.d.). "Aerial Hunting FAQs" (PDF). Defenders of Wildlife. Retrieved July 22, 2013.
  14. ^ The WWF website states: "World Wildlife Fund, for example, does not oppose gun hunting or trapping by indigenous people to meet their basic needs. We do insist that hunting and trapping be regulated so that the survival of any species does not become threatened. The decision to allow trophy hunting is a sovereign one made entirely by the government concerned. We vigorously oppose any hunting or trapping activities which violate international, national, or state law."Sandra Purohit (November 4, 2009). "Guns and Hunting". World Wildlife Fund. Retrieved July 22, 2013.
  15. ^ Williams, Ted (September–October 1996). "Natural Allies: If only hunters, anglers, and environmentalists would stop taking potshots at each other, they'd be an invincible force for wildlands protection". Sierra magazine. Retrieved July 22, 2013.
  16. ^ Bass, Rick (July–August 2001). "Why I Hunt: Stalking wild game in a rugged landscape brings one environmentalist closer to nature". Sierra magazine. Retrieved July 22, 2013.
  17. ^ "LETTERS (to the Editor)". Sierra magazine. November–December 2001. Retrieved July 22, 2013. {{cite web}}: Unknown parameter |authors= ignored (help)
  18. ^ Semcer, Catherine (January 28, 2013). "Making Sage Grouse Part of Our Wildlife Restoration Success Stories". Sierra Club's Lay of the Land (blog). Retrieved July 22, 2013.

References

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