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Arkansas Game & Fish Commission v. Murders

938 S.W.2d 854 (1997)

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Arkansas Game & Fish Commission v. Murders

Arkansas Supreme Court
938 S.W.2d 854 (1997)

Facts

Road hunting is the act of hunting or shooting from a vehicle while on a public road or across a public road. Road hunting was illegal in many states, including Arkansas. In April 1995, the Arkansas Game and Fish Commission (the commission) (defendant) amended its regulations to include a provision deeming possession of a loaded firearm on a city, county, state, or federally maintained road or right-of-way as prima facie evidence that a person was engaged in illegal road hunting. Nelson Murders, along with other licensed hunters (collectively, the hunters) (plaintiffs), sued the commission seeking a declaratory judgment that the amended language was unconstitutionally overbroad. The trial court agreed that the regulation was overbroad, and the commission appealed.

Rule of Law

Issue

Holding and Reasoning (Arnold, C.J.)

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