Southeast Missouri judge rules state deer hunting regulations on dogs, vehicles unconstitutional

DONIPHAN, Mo. -- A group of local hunters have won their first legal battle in an attempt to change conservation regulations.

In a judgment signed on Aug. 5 by Circuit Judge Robert Smith, three code regulations, specifically pertaining to the use of dogs and motor land conveyances in respect to hunting deer, have been ruled too vague to be enforceable and therefore unconstitutional, the Doniphan Prospect-News reported.

Missouri Department of Conservation regulations 3C.S.R. 10-7.410(1)(A) and 3C.S.R. 10-7.431(6)(C) read similarly that no deer can be "pursued," "taken," "hunted," or "killed" with a motor-driven ... land conveyance. Regulation 3C.S.R. 10.7.431 (6) (D) states deer may not be "hunted, pursued, taken or killed with the aid of dogs, in use or possession."

The judgment states "... (the) regulations and rules are vague, overly broad, indefinite and fail to establish sufficient standards so that people of ordinary intelligence must necessarily guess at their meaning.

"(The regulations) are unconstitutional and therefore invalid and without effect. The Missouri Department of Conservation is directed to no longer enforce the above described regulations as written."

The suit, filed in February by Neil Turner and Bobby "Shannon" Jones both of Ripley County, is a big win for hunters across the state, according to Jones's attorney Devin Kirby.

Turner currently faces federal charges from the 2008 Missouri Department of Conservation undercover investigation "Pulling Wool." Jones was also questioned during that investigation about "deerdogging" activity. However, these men represent a larger group of hunters, who have provided support throughout the trial.

"We are very excited about the judgment," he said. "After hearing the testimony (of Missouri Department of Conservation employees) it was clear no person could accurately interpret (the regulations). Even they, who are trained to enforce the codes all disagreed, how in the world do they expect that anyone else could?"

The defense, with attorneys Daniel Moore, Dale Nunnery and Kirby, called five employees with the MDC to testify.

Called to the stand were Gregg Hitchings, MDC field supervisor with the Special Investigations Unit in charge of "Pulling Wool;" Ripley County Conservation Agents Darren Killian and Jason Langston; MDC Agent in Dent County Chris Ely; and Allen Daniels, district supervisor.

One by one, the agents testified as to their interpretation of the three codes in question and were asked to analyze different hypothetical hunting situations.

Each agent gave varying testimony when asked to specifically define the regulations and often said hypothetical charges would be at the agent's discretion.

The defense argued the regulations concerning vehicles, by their literal terms, make any use of motor vehicle by a hunter during deer season unlawful, whether the vehicle was simply transporting the hunter from his home or if it was being used to actively pursue deer.

The regulation about dogs, by its literal term, makes the presence of a hunter who is "'pursuing" a deer in an undefined geographic area unlawful if dogs (also in an undefined general geographical location) may be "in use" or have been "in use".

The regulation also uses "dogs" in a plural sense, thus there is question as to whether a hunter can use one dog or if a hunting group could use one dog.

The Missouri Department of Conservation has 30 days to appeal Smith's judgment. If appealed, the case will be moved to the Missouri Supreme Court for a decision.