[mnbird] Re: [mou] Quick question re: feather collecting

ECJ100@aol.com ECJ100@aol.com
Wed, 15 Oct 2003 12:24:47 EDT


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I think we have had this discussion recently, but of course the law is over 
broad.  It was designed to be, and that is the only reason it was ever 
effective.  It was written to be so broad for evidentiary reasons.  The chances of a 
law enforcement official being able to tell, much less prove, how a feather was 
obtained are generally slim to none, so the law says don't worry about that, 
lets make all feather gathering (without a permit and with a few exceptions) 
illegal.  It should also be remembered that the basic reason for the law was to 
help stem the killing of birds for the use of their feathers in the millinery 
business.

Today there is probably little use of real feathers by milliners, but the law 
is still used, at least occasionally, to assist in prosecution of people who 
are (or ate least suspected of) poaching, harassing or killing wild animals.  
Technically, the law also prohibits people who find a feather on the street or 
lake side from keeping it, and some would say they shouldn't and that it is a 
good lesson in leaving nature as we find it.  But as a practical matter, 
there is very little risk if they do.  I have never heard of anybody getting 
prosecuted for that kind of innocent transgression, and I would be very surprised 
if they do.  Many, if not most, of our laws are very capable of being applied 
overbroadly -- though perhaps not to this extent.  We generally rely on the 
good common sense of law enforcement officials to enforce the law in the sense 
that it was intended and for the much greater part they do so.

So unless one wants to abandon the law altogether, and weaken law enforcement 
against those who prey on wild animals, then it really is necessary to keep 
it overbroad.

As for tax forms, I assume these are income tax forms, and alas, complexity 
is inherent in any income tax system.  Its far easier to use one of the 
computer programs to do it.

Eric Jeffrey 
Falls Church, VA

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<DIV>I think we have had this discussion recently, but of course the law is=20=
over broad.&nbsp; It was designed to be, and that is the only reason it was=20=
ever effective.&nbsp; It was written to be so broad for evidentiary reasons.=
&nbsp; The chances of a law enforcement official being able to tell, much le=
ss prove, how a feather was obtained are generally slim to none, so the law=20=
says don't worry about that, lets make all feather gathering (without a perm=
it and with a few exceptions) illegal.&nbsp; It should also be remembered th=
at the basic reason for the law was to help stem the killing of birds for th=
e use of their feathers in the millinery business.</DIV>
<DIV>&nbsp;</DIV>
<DIV>Today there is probably little use of real feathers by milliners, but t=
he law is still used, at least occasionally, to assist in prosecution of peo=
ple who are (or ate least suspected of) poaching, harassing or killing wild=20=
animals.&nbsp; Technically, the law also prohibits people who find a feather=
 on the street or lake side from keeping it, and some would say they shouldn=
't and that it is a good lesson in leaving nature as we find it.&nbsp; But a=
s a practical matter, there is very little risk if they do.&nbsp; I have nev=
er heard of anybody getting prosecuted for that kind of innocent transgressi=
on, and I would be very surprised if they do.&nbsp; Many, if not most, of ou=
r laws are very capable of being applied overbroadly -- though perhaps not t=
o this extent.&nbsp; We generally rely on the good common sense of law enfor=
cement officials to enforce the law in the sense that it was intended and fo=
r the much greater part they do so.</DIV>
<DIV>&nbsp;</DIV>
<DIV>So unless one wants to abandon the law altogether, and weaken law enfor=
cement against those who prey on wild animals, then it really is necessary t=
o keep it overbroad.</DIV>
<DIV>&nbsp;</DIV>
<DIV>As for tax forms, I assume these are income tax forms, and alas, comple=
xity is inherent in any income tax system.&nbsp; Its far easier to use one o=
f the computer programs to do it.</DIV>
<DIV>&nbsp;</DIV>
<DIV>Eric Jeffrey </DIV>
<DIV>Falls Church, VA</DIV></BODY></HTML>

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