Locked gate on state trust land

[Elkhunter1]

"I honestly don't care who you are, if you can't abide by the laws of this great state you belong in jail. I don't want to resort to cutting locks off of posted gates that WE law abiding hunters have paid to gain access to, but if that is what it takes to get into the area I want to hunt in than that's what I will do! "

 

I'm not a lawyer, and I hope I'm wrong, but I believe an Arizona law prevents ordinary citizens from destroying chains and locks that belong to someone else, even if those locks and chains illegally deny your access to State Land Department Land.

 

As for which agency is responsible for access to state land, it used to be the Game and Fish Department after then-Attorney General Bruce Babbitt ruled AZGFD was the "lead" agency on such issues. It may have changed all these years since, but I don't think so. I do know that only the Game and Fish Commission has the authority to close state lands to licensed hunters and anglers.

 

I suggest you go on record by sending registered letters to the directors of the State Land and Game and Fish departments, politely requesting that those locks be removed.

 

Bill Quimby

 

Bill I must have missed your post! I am trying to go about this in the right direction. By posting this situation I hoped to gain some insight as to how others have handled a similar situation and who to report it to. If the AGFD is the agency in control then why don't the signs have their phone number on it? That is the confusing part to me.

[tjhunt2]

I have known ranchers who have put locks on State Trust Land and Forest Service Land gates just because they have a lease and they know they don't have the right but they do it anyways. Now, does that give us the right to cut some rancher's lock off? Probably not, but then they don't have the right to lock us out so the games begin because not much chance of any authority being around. Myself, I won't cut a lock because it's not mine but it has pi$$ed me off a few times.

 

TJ

[Elkhunter1]

I have known ranchers who have put locks on State Trust Land and Forest Service Land gates just because they have a lease and they know they don't have the right but they do it anyways. Now, does that give us the right to cut some rancher's lock off? Probably not, but then they don't have the right to lock us out so the games begin because not much chance of any authority being around. Myself, I won't cut a lock because it's not mine but it has pi$ed me off a few times.

 

TJ

 

TJ that's right where I am at. I don't want to start cutting but, this area has good numbers of pigs and a few good mulies. I will give the authorities a try first. Have you delt with the big gas companies before?

[tjhunt2]

I have known ranchers who have put locks on State Trust Land and Forest Service Land gates just because they have a lease and they know they don't have the right but they do it anyways. Now, does that give us the right to cut some rancher's lock off? Probably not, but then they don't have the right to lock us out so the games begin because not much chance of any authority being around. Myself, I won't cut a lock because it's not mine but it has pi$ed me off a few times.

 

TJ

 

TJ that's right where I am at. I don't want to start cutting but, this area has good numbers of pigs and a few good mulies. I will give the authorities a try first. Have you delt with the big gas companies before?

 

No, I haven't delt with them. I bet they can be hard to play with. How do you fight someone with so much money?

[Lucafu1]

if that is a combo lock on there then all you do is go down and get the code. they change them. the other lock looks to keep the chanin secured to the lock. maybe im wrong but i think they do that at the empiritas.

[Lucafu1]

if that is a combo lock on there then all you do is go down and get the code. they change them. the other lock looks to keep the chanin secured to the lock. maybe im wrong but i think they do that at the empiritas.

[tjhunt2]

Some of the locks I've seen are not combo locks. By the time you contact someone you don't want to be in there. So where do we draw the line?

 

TJ

[Elkhunter1]

Some of the locks I've seen are not combo locks. By the time you contact someone you don't want to be in there. So where do we draw the line?

 

TJ

 

 

I guess the good thing in this situation is I have some time before the Aug. hunt. i hope to have some answers tomorrow.

[CEI]

It is illegal to cut the lock off, but it's also illegal for some one to lock that gate.

 

Contact the Regional Office, ASAP! They deal with this stuff all of the time & should be able to help you.

[audsley]

Comment on an earlier post by Bill Quimby: It used to be that only AGFD had the presumed authority to close roads on state trust land. Then 4 or 5 years ago there was a new opinion from the state's attorneys that said state land dept. could also close them. I don't know how active SLD has actually been in closing roads on their own.

[Elkhunter1]

At 7:16 am the state land dept. punted the ball into AZGFD's court. I will call the Tucson office when they open later.

[billrquimby]

Larry:

 

Was the opinion from the attorney general, or the attorneys his office assigned to AZGFD or AZSLD? If it was an official opinion issued by the attorney general, then we lost a big one. The Game and Fish Commission's actions are more transparent and more subject to sportsmen's influence than the land commissioner's.

 

Bill Quimby

[billrquimby]

Well buddy that works on U of A farm in red rock said they got in trouble for locking a gate to state trust land...."Game and Fish came unglued" What my buddy said.

 

 

I guess I'll call them if the state land dept. doesn't call me by noon tomorrow, Thanks!

 

 

Telephone calls are not the way to go. For one thing, the odds of your talking with the person who has the authority to do something are against you.

 

Send registered letters to the directors of the Game and Fish Department and State Land Department, politely requesting that access be restored to you and other licensed hunters and fishermen. Say exactly where the signs are, and why you want access.

 

(Predator calling and rabbit hunting are year-around pursuits, javelina and mule deer hunting are not.)

 

You may get a bureaucratic response and little action at first, but letters will get you a written response and your complaint and the statements made to you will be on record.

 

You can decide what your next step should be if your request is denied after you have a letter in your hand stating why a state agency believes a lessee should be allowed to keep you off state land.

 

Bill Quimby

[cmc]

At 7:16 am the state land dept. punted the ball into AZGFD's court. I will call the Tucson office when they open later.

 

 

Ask for Matt Walton in the Region V office.

[Elkhunter1]

At 7:16 am the state land dept. punted the ball into AZGFD's court. I will call the Tucson office when they open later.

 

 

Ask for Matt Walton in the Region V office.

 

Thanks, you are the second person to drop his name on this subject. Sounds like he is the man to call.