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Re: Minnesota Lifetime License Discrimination?
Field Staff
Joined:
12/18/2012
From South Minneapolis
Posts: 1872
Did the CO check your driver license too or how did he even know you lived in wisconsin? I usually only have them check my fishing license.

I agree with you the law is dumb, but it is explicitly stated and you violated the law. Did the CO give you a ticket on the spot? I would think most CO's would let it slide once if you were honest with them and didn't know that was the law. I feel like there is more to the story here than you are telling us?

In the end I agree with the majority here you are wasting your time trying to take this to court. There is no discrimination and you clearly broke the law as it is stated so you would 100% lose in court, waste your time, waste the courts time, and if for some reason you got a jury trial (i don't think that is possible here) you would waste the publics time too.

If you live in wisconsin do you not do any fishing in wisconsin? Why not just have a wisconsins license too?

Posted on: 2018/6/5 7:26
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
12/01/2010
From Paynesville
Posts: 31
As an attorney, I see no legal footing for you to stand on. You are a Wisconsin resident who is being treated the exact same as every other Wisconsin resident. There is no discrimination or equal protection issue. When fishing the border waters, you must follow your states laws and Wisconsin says you need their license, just like if you want to fish any other body of water within the border. This has nothing to do with your lifetime license. The only reason your lifetime license was valid for fishing border waters when you lived in MN was because you were a resident, so your license complied with MN border water law.

You're not being treated any differently than any other Wisconsin resident. I'm sure there are several WI residents with MN non-resident fishing licenses, who without a WI fishing license, cannot fish border waters. Your lifetime license and their non-resident MN license allows you to fish the 10,000 lakes, just not border waters.

Posted on: 2018/6/5 9:11
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
12/28/2005
Posts: 1345
Quote:

Blue22 wrote:
Notfishfisherman now that makes sense! I'm glad you see this is a stupid law. By the way, I've already contacted my State Senator and my State Representative. They are at this time looking at this situation. The State Rep has even found a loophole for some fishing laws. This is how I think it will go........
1. I get a ticket
2. I go to court in Alma WI
3. Have a jury trial of my peers.
4. I get found not guilty.
5. I stop getting tickets.
6. The state of Wis. states that any Wis resident who fishes the Mississippi River must have a Wis license. (Exception: a Wis resident who has in their possession a MN lifetime fishing license may fish the Mississippi River from track to track.)

Thanks for your input!!!!!


I appreciate your willingness to fight the good fight but I don't think you've got a clear understanding of how this is likely going to go.

First you're not likely going to get a jury trial odds are your trail will amount to 5 minutes in front of a judge where you will be able to plead your case. However, that judge can only rule for or against you based on how the law is written. Unfortunately for you in this case the law is clear and the judge will rule against you 99.9% of the time. Even if you get lucky and hit the .1% chance and are found not guilty all that means is that you don't have to pay that ticket. The law remains the same and the next time you go fishing you are again bound to the same regulations as before and you may very well be ticketed again. The judge for your case does not have the power to change the written law, only to enforce it.

In the event you are able to request a jury trial you'll want to bring a lawyer to help represent you because you'll be facing a prosecutor on the other side versus simply talking to a judge. Before opting for a jury of your peers you may want to take note of the replies on this thread. The replies have all been made by like minded peers who all fish and who all get frustrated by some of the stupid regs we are held to. If we had been your jury you likely would have lost and we're probably the easiest jury you could get.

I'm certainly no legal expert so maybe someone else can chime in but I'm guessing that if you really want to change the law through the courts it means you're in for a long drawn out and very expensive fight through the appeal courts hoping to get the case to the states higher courts.

I think you're on the right track with your state representatives. I would try to keep in touch with them by calling/emailing periodically to check in on their progress. Just realize they are busy people with a lot of issues being juggled all at once so be patient and don't expect a quick fix to anything. No matter what route you go its going to take time to get a law changed.

Posted on: 2018/6/5 9:49
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
01/05/2008
From St. Paul, MN
Posts: 2149
Quote:

Etrain wrote:
As an attorney, I see no legal footing for you to stand on. You are a Wisconsin resident who is being treated the exact same as every other Wisconsin resident. There is no discrimination or equal protection issue. When fishing the border waters, you must follow your states laws and Wisconsin says you need their license, just like if you want to fish any other body of water within the border. This has nothing to do with your lifetime license. The only reason your lifetime license was valid for fishing border waters when you lived in MN was because you were a resident, so your license complied with MN border water law.

You're not being treated any differently than any other Wisconsin resident. I'm sure there are several WI residents with MN non-resident fishing licenses, who without a WI fishing license, cannot fish border waters. Your lifetime license and their non-resident MN license allows you to fish the 10,000 lakes, just not border waters.



Excellent reply!

Posted on: 2018/6/5 19:21
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Fishing relaxes me. It's like yoga, except I still get to kill something - Ron Swanson
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Re: Minnesota Lifetime License Discrimination?
Field Staff
Joined:
12/18/2012
From South Minneapolis
Posts: 1872
Quote:

nofishfisherman wrote:
Quote:


Before opting for a jury of your peers you may want to take note of the replies on this thread. The replies have all been made by like minded peers who all fish and who all get frustrated by some of the stupid regs we are held to. If we had been your jury you likely would have lost and we're probably the easiest jury you could get.

.


This is a great point, of all the people that are sympathetic to your cause this forum is the place and still most of the replies say you broke the law and would lose.


I'm still waiting to hear more to the story. It sounds like you haven't gotten a ticket yet? Or did the CO give you a ticket on the spot?

Posted on: 2018/6/6 19:21
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
12/24/2014
Posts: 67
My lifetime license says RESIDENT right on the front. You are no longer a Minnesota resident. You need a Wisconsin resident license or an Minnesota nonresident license. Unless you move back to Minnesota then your resident lifetime license would be good again. Seems simple.

Posted on: 2018/6/7 12:28
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
02/16/2005
Posts: 1303
Quote:

Redeyesdixie wrote:
My lifetime license says RESIDENT right on the front. You are no longer a Minnesota resident. You need a Wisconsin resident license or an Minnesota nonresident license. Unless you move back to Minnesota then your resident lifetime license would be good again. Seems simple.


False.

Resident lifetime license is valid even if the licensee moves out of state
A lifetime license remains valid even if the license holder moves out of Minnesota. The licensee will still need to obtain an annual license to hunt or fish in Minnesota. However once you become a Nonresident you are only eligible for the specific lifetime license you had purchase as a resident. You are not eligible for any other resident license or resident opportunities.

https://www.dnr.state.mn.us/licenses/lifetime/residents/index.html

Posted on: 2018/6/7 13:24
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
06/10/2009
From Blaine and Otter Tail County
Posts: 63
You would have like to have seen the CO take a different approach here and realize that you were trying to do the right thing. I also have a lifetime license and thought I heard it was good no matter where you live. Didn't realize the border waters 'loophole'. Go to court and the judge will likely have more common sense than this over zealous CO does. Unfortunate that the CO didn't use the time to clarify things with you and move on.....

Posted on: 2018/6/7 15:37
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
01/05/2008
From St. Paul, MN
Posts: 2149
Quote:

fishlips wrote:
You would have like to have seen the CO take a different approach here and realize that you were trying to do the right thing. I also have a lifetime license and thought I heard it was good no matter where you live. Didn't realize the border waters 'loophole'. Go to court and the judge will likely have more common sense than this over zealous CO does. Unfortunate that the CO didn't use the time to clarify things with you and move on.....


Go read the lawyers response a few posts above. This guy has no legal standing to take this to court and win. Some people will pick the smallest hill to die on. Spend $20 and get the license.

Posted on: 2018/6/7 17:09
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Fishing relaxes me. It's like yoga, except I still get to kill something - Ron Swanson
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Re: Minnesota Lifetime License Discrimination?
LSF Member
Joined:
03/10/2007
From Farmington MN
Posts: 329
If I'm reading the original post right, Blue22 received a warning from the CO LAST SUMMER and plans on going out without a WI license this year just to get a ticket and fight it.
Could you please clarify that Blue22?

Posted on: 2018/6/7 20:11
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"In my travels I've found that if a man uses the phrase "Common Sense" to defend his position, he possesses very little himself." Will Rogers
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