License fraud and misrepresentation
By Jim Madden, wildlife law enforcement specialist, Arizona Game and Fish Department

Sportsmen and women in America should be proud of their willingness to foot the bill for wildlife management and their self-imposed obedience to the laws designed to conserve wildlife. As with any group, there always seems to be a few individuals that want to bend the rules and gain whatever advantage they can over others.

An example of this in the outdoor recreation world is those who attempt to acquire hunting licenses and permits by fraud or misrepresentation. This is sometimes accomplished by submitting multiple applications, fake names, addresses, or other false information. These people are stealing permits, hunting opportunity and animals from law-abiding hunters, as well as cheating state wildlife agencies out of money that’s needed to fund wildlife conservation.

Needless to say, the Arizona Game and Fish Department takes the detection and apprehension of these violators very seriously. Several years ago, license fraud/misrepresentation was added to the list of offenses for which an individual can have his/her hunting privileges revoked for up to five years by the Arizona Game and Fish Commission. Additionally, the law was changed to aid in the prosecution of these offenses by making it illegal to even submit a fraudulent application.

Residency requirements

Residency requirements vary from state to state, which can occasionally lead to confusion on the part of the applicant. To help applicants understand what constitutes a resident, the department has included information on the “common violations” page (page 72) in the hunting regulations. In my experience, there are some people who find themselves in violation of these laws even though it was not their intention to break the law.

Generally speaking, Arizona laws require that a person must be a bona fide (true) resident of the state of Arizona for six months immediately preceding the application period for a resident license or permit. The exception to this is active-duty servicemen and women who have been stationed in Arizona for at least 30 days prior to the application deadline.

A common misconception is that mere property ownership in Arizona qualifies an applicant for residency. This is incorrect. To be considered an Arizona resident, someone must demonstrate he or she does most, if not all of the following: permanently or primarily resides in Arizona, possesses an Arizona drivers license and registers his/her vehicle in Arizona, maintains a home in Arizona, votes in Arizona, and pays Arizona resident income taxes. A person cannot be considered a resident of two states at the same time.

The consequences of license fraud and misrepresentation

So what happens to people who “steal” your licenses and tags through fraud? That’s up to the courts to decide, but here are some of the potential consequences. License fraud is a class 2 misdemeanor, and each time a person applies for or obtains a license or permit by fraud, it’s a separate charge. In these types of cases it is not uncommon for a person to have 10 or more charges filed against them. Additionally, any permit obtained in this fashion is invalid, which means there are often additional charges related to hunting or taking wildlife without valid licenses and permits.

Game and Fish officers work closely with the prosecuting attorneys, and restitution to the state is almost always requested in addition to monetary fines imposed by the court. When the court process has ended, the civil process begins. The Arizona Game and Fish Commission can seek reimbursement for an animal taken in violation of state game and fish laws. This can get expensive, as there are minimum values, but no maximum values. The commission will also decide if it is appropriate to revoke that person’s privilege to obtain a license to hunt, fish, or trap in the state for up to five years.

Our goal regarding license fraud is twofold. We want to educate the hunting public so accidental violations are as rare as possible, and prosecute those who attempt to gain an unfair advantage over honest sportsmen and women. We want you to have a great time outdoors!