Kansas Hunting Law

When is the 2017 Kansas Big Game Season? Kansas Department of Wildlife and Parks Set Dates for 2017 Elk, Deer, and Antelope

When is the 2017 Kansas Big Game Season? Kansas Department of Wildlife and Parks Set Dates for 2017 Elk, Deer, and Antelope

The Kansas Department of Wildlife, Parks, and Tourism Commission has set the big game seasons for the coming fall and winter of 2017/2018.  Elk, Deer, and Antelope season dates have now been officially set and resident hunters can begin to plan their hunts.  Non-resident hunters can now begin to plan for which permits they will be applying for during the application process April 1-28. 

What is the Fine For Hunting Without a License?

 What is the Fine For Hunting Without a License?

Hunters can find themselves facing a dilemma if they hunt without a license, and can be subject to heavy fines and loss of hunting and fishing privileges if charged with Hunting Violations.  Are there any defenses available for being without this crucial certificate while in the field?

Do I Need a Kansas Hunting Violation Attorney?

Do I Need a Kansas Hunting Violation Attorney?

Do I need a Kansas Hunting Violation Attorney? If you are charged with a big game or deer hunting violation in Kansas, the fines for poaching deer can quickly become a staggering amount, especially for poaching a trophy deer.  Before paying any deer poaching fines or pleading guilty to charges of illegally killing big game in Kansas, you should consult with an attorney to understand your rights and defenses.

What is the Fine for Poaching a Deer in Kansas?

 Fines for killing a deer illegally can vary based on the number of convictions you’ve had in the past, the size of the deer, and the method used to kill the deer.  The base fine for violations involving big game in Kansas can range from the minimum of $500 to the maximum of $1,000 for a first time offense.  K.S.A. 32-1032 sets the fine for deer poaching in Kansas as well as a possible jail sentence of up to 6 months and a misdemeanor conviction.  For a third, fourth, or fifth conviction of illegally killing big game in Kansas, there is no maximum fine, meaning the judge could order you to pay steep costs associated with the sentence depending on the circumstances surrounding the offense.  Additionally, the jail sentences can range from a minimum of 30 days to 90 days.

 In addition to these fines, Kansas has also imposed “Trophy Fines” which vary depending on the size of the deer.  For whitetail deer, a trophy buck is considered any buck with an inside spread of at least 16 inches.  For mule deer, a trophy buck is considered any buck with an inside spread of at least 20 inches.  When the illegally killed deer meets the trophy criteria, the fine is set at a minimum of $5,000.00.  The judge could possibly order you to pay additional money, but it will at least be $5,000.00.

 Finally, the State of Kansas has authorized the Kansas Department of Wildlife and Parks to seek restitution from individuals that poach deer in Kansas that have a gross antler score of 125 or more.  This formula is defined as:  (gross score - 100)² x $2.  For example, if you illegally kill a deer with a gross score of 160, the restitution fine would be $7,200.00

 In addition to any of these fines based on the actual killing of the deer, you may face additional fines depending on the method used to kill the deer.  Shooting from a public road, trespassing, and hunting out of season carry their own fines that would be tacked on to the fines listed above. 

 If you are charged with illegally killing any deer in Kansas, you should know that you have options.  Consulting with an attorney is advised as soon as you are issued any charges in relation to illegal hunting in Kansas.  Often, a plea bargain or agreement can be reached with the state that could drastically reduce the monetary amount you owe in your case.  Nate Gilbert, attorney in Colorado and Kansas, has defended illegal deer hunting and poaching cases in Kansas and uses the expertise gained in these cases to help hunters assert their rights in a court of law.  Consulting with Nate will help you and your family deal with the stress of illegal hunting charges and get you back on your feet.

 

Can I Fight a Kansas Hunting Violation?

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Receiving a Kansas hunting violation is never a pleasant experience.  Whatever the circumstances and whatever the reason, hunters facing charges for hunting mistakes face an uphill battle.  When you do receive a hunting violation in Kansas, you should know that you do have options and possibly defenses. You may just pay the violation or choose to fight it, and though the choice may seem simple enough, neither should be taken lightly.

If you do receive a hunting violation, you may choose to just plead guilty and pay the fine.  You should understand that paying the fine is pleading guilty to the charges and waives any defenses you may have had.  You won’t be able to come back later and try to reopen the case to fight the charges.  Whatever charges you plead guilty to will be on your record and you could even lose your hunting privileges.  Some charges may actually involve jail time, and pleading guilty could have you facing serious time away from your job, family, and friends behind bars.  However unlikely for hunting violations, you should understand that it is a possibility for some offenses.

That being said, choosing to fight a hunting violation is not a decision that should be taken lightly.  The process of fighting the charges of illegal hunting can be long and somewhat draining.  Hearings, motions, negotiations with the State, arguments, and possibly even a trial can be a daunting thing for someone unfamiliar with the justice system to face. 

The best thing you can do when you receive a Kansas hunting violation is consult with an attorney.  Nate Gilbert, a Kansas native, outdoorsman, and attorney has built a practice dealing with Kansas hunting violations and defending hunter’s rights in courts in Kansas as well as Colorado.  Consulting with Nate when you receive a hunting violation is free and will help determine the best options for you and what defenses you may have available.  

Do I Have to Wear Blaze Orange in Kansas? Big Game and Pheasant Hunting Regulations

Do I Have to Wear Blaze Orange in Kansas? Big Game and Pheasant Hunting Regulations

Blaze orange is required for hunting various species in different states.  Kansas requires blaze orange for firearms elk and deer hunting.

Are Game Warden Checkpoints Legal? Can A Game Warden Really Search My Car?

Are Game Warden Checkpoints Legal? Can A Game Warden Really Search My Car?

Colorado and Kansas game wardens often establish check points to aid in their investigation of possible poaching or hunting violations.  Knowing your rights and defenses to tickets received at a checkpoint is crucial knowledge as a hunter.