Outdoor activities like hunting, fishing, and hiking are enjoyed by people all over the United States, including in Nebraska. As a tough hunting without a license lawyer in Omaha, NE, Daniel Stockmann defends those who have been charged with a crime when they were just trying to do what they loved.
For those who enjoy hunting, there are rules and regulations that you need to understand and follow when you are doing so. If you are uninformed of these rules before you do any of these activities, it is highly likely that you will get in trouble with Federal or State regulators, or private landowners.
At Stockmann Law, an Omaha, NE law firm, our hunting without a license lawyer is experienced and skilled at defending those facing some pretty steep charges. We have taken the time to know Federal and State laws regarding hunting licenses and gun permits. You need to understand that this can be a serious offense, especially if you shot and killed an animal while hunting without a license in Nebraska. It could result in large fines and jail time if you are convicted of said crime.
Stockmann Law is constantly reading up the changes to hunting rules and regulations - they are always changing and we understand that it can be quite confusing at times. This is why our legal team is dedicated to protecting and defending outdoorsmen and women. We have extensive knowledge and experience in defending hunters like you who may have been accused of a crime. Call us now to schedule a free case evaluation with a member of our tough legal team.
What Happens If You Get Caught Hunting Without A License?
If you have been caught hunting without a license, it is important that you get a lawyer on your side as soon as possible. This is a serious charge and the court system will try to make an example of you so that other hunters don’t do the same thing. Even if you are safe and have permitted, licensed weapons, you still need to have a hunting license.
It isn’t worth it to risk your ability to hunt in the future. Those who are caught hunting without a license may not be able to get a license for the rest of their lives. They may also lose their ability to carry a firearm.
When you hunt, there are many different acts and regulations that you need to understand in order to be safe, not only to other hunters, but to yourself and your best interests. Some of the most important acts include:
- The Federal Fisheries Act
- Invasive Species Act
- Federal Species at Risk Act
- Endangered Species Act
- Migratory Birds Convention Act
- Trespass to Property Act
For the state of Nebraska, the legislature 37-411 says that:
Hunting, fishing, or fur harvesting without permit; unlawful; exceptions; violations; penalties.
(1) Unless issued a permit as required in the Game Law, it shall be unlawful:
(3) It shall be unlawful for anyone to do or attempt to do any other thing for which a permit is required by the Game Law without first obtaining such permit and paying the fee required.
(4) Any nonresident who hunts or has in his or her possession any wild mammal or wild bird shall first have a nonresident hunting permit as required under the Game Law and rules and regulations of the commission.
(7)(a) Any person violating this section shall be guilty of a Class II misdemeanor and, upon conviction, shall be fined at least fifty dollars for failure to hold the appropriate stamp under subdivision (1)(c) of this section, at least one hundred dollars for failure to hold a fishing permit, at least one hundred fifty dollars for failure to hold a small game, fur-harvesting, paddlefish, or deer permit, at least two hundred fifty dollars for failure to hold an antelope permit, at least five hundred dollars for failure to hold an elk permit, and at least one thousand dollars for failure to hold a mountain sheep permit.
(b) If the offense is failure to hold a hunting, fishing, fur-harvesting, deer, turkey, or antelope permit as required, unless issuance of the required permit is restricted so that permits are not available, the court shall require the offender to purchase the required permit and exhibit proof of such purchase to the court.
These laws date back to the 1920s and they are strictly followed not only by the local wardens and gameslands workers, but by law enforcement and even fellow hunters.
Can I Hunt On My Own Land Without A License?
In certain situations, you may hunt some game on your land without a license. A farmer or a rancher (and immediate family who lives on the land) is able to hunt the following without a license: squirrel, cottontail rabbits, jackrabbits west of U.S. 81, prairie grouse (requires a special permit east of U.S. 81), partridge, quail, and pheasant. There are some regulations that apply and all of the other rules will apply to these hunters, including reporting.
Landowners who have bigger game (antelope, deer, or elk) or turkey, do not need a Habitat Stamp on their permits. Anyone who wants to hunt big game on their property will need to fill out a landowner application.
Most hunters will get a license just to make it easier on themselves, but you aren’t strictly required in all cases. If you have been charged with hunting without a license and you live on the land you were hunting on, contact Stockmann Law today for a free case consultation. We have vast experience with Nebraska hunting laws and we can help you to get a better understanding of the rules and regulations around hunting and why you were charged. If we think you were wrongly charged with hunting without a license, we will start to put a defense together for you. If you were hunting without a license, we can help to negotiate with the prosecution to see if your penalties can be reduced.
What Is The Fine For Hunting Without a License?
The penalty for hunting without a license is considered a “Class II” misdemeanor and the fine is at least $50, but it can be up to $1,000, depending on the type of animal you were hunting. They are broken down into the following categories:
- $50 for failure to hold the appropriate stamp
- $100 for failure to hold a fishing permit
- $150 for failure to hold a license for small game or deer
- $250 for failure to hold an antelope permit
- $500 for failure to hold an elk permit
- $1,000 for failure to hold a mountain sheep permit
These fines may not seem all that high, but they are more expensive than the licenses themselves by at least double.
Contact A Hunting Without A License Attorney Today
Hunting without a license in Omaha or any part of Nebraska can be a serious offense, depending on the charges. It can be a misdemeanor or a felony, depending on the type of license required and the type of hunting that you were doing. Hunting big game (such as deer) or small game (such as rabbits or squirrels) will change the amount of the fine and the other repercussions. The fine will be determined by the type of animal you were hunting and it is always more than the cost of the license would have been. It will also result in the loss of license suspension points in Nebraska and possibly another state if you are hunting in Nebraska from out of state.
It is important to note that hunting without a license doesn’t mean you don’t hold some sort of license, just that you didn’t have a license for the specific type of game you are hunting. You need to carry your hunting license with you at all times. If you don’t have it, don’t hunt. If you were caught hunting without a license, our lawyers can help you fight the charges in court so that you can have a future of hunting and being outdoors. Call Stockmann Law today to set up a free consultation with our team.