# Legal question:



## Terry Allan Hall (Aug 27, 2011)

I may be able to adopt a Gopher tortoise from an individual who really can't keep it, but I'm unsure as to the legality of this: Is there a legal way for me to adopt a Gopher from (presumably) Georgia and keep it in Texas? 

Thanks in advance for any advice!


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## dmmj (Aug 27, 2011)

Do you mind a long drive? That is the only way I can think of, of doing it, drive there and bring it back, still illegal, but I don't think you would get stopped.


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## Terry Allan Hall (Aug 27, 2011)

dmmj said:


> Do you mind a long drive? That is the only way I can think of, of doing it, drive there and bring it back, still illegal, but I don't think you would get stopped.



Hmmmm...don't mind a road-trip, but prefer to see if there's any loop-holes (most laws have 'em) to keep it all legal. 

Just called a lawyer buddy and he's looking into the matter (if there's a loop-hole, he'll find it! )


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## Yvonne G (Aug 27, 2011)

No loopholes. The law specifically states that Gopherus species of tortoises cannot be taken across state lines and must stay in the state they're in. They legally belong to the state, even when they're in your care.


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## Torty Mom (Aug 27, 2011)

Even though they belong back in the state whereas they came from?


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## Jacqui (Aug 27, 2011)

Torty Mom said:


> Even though they belong back in the state whereas they came from?



I was always told once they left the state, they really no longer "belonged" in that state.


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## Terry Allan Hall (Aug 27, 2011)

Jacqui said:


> Torty Mom said:
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> > Even though they belong back in the state whereas they came from?
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Hmmm...so, if someone surrendered such a tortoise to the Authorities, it'd be euthanized?


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## Torty Mom (Aug 27, 2011)

That is a crime in and of it's self! GRR


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## Jacqui (Aug 27, 2011)

Terry Allan Hall said:


> Jacqui said:
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> > Torty Mom said:
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Unfortunately that has been the case often in the past.


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## Terry Allan Hall (Aug 27, 2011)

Jacqui said:


> Terry Allan Hall said:
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> > Jacqui said:
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Well, that certainly is a STRONG motivator to obey that law...


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## zesty_17 (Aug 27, 2011)

Terry Allan Hall said:


> Jacqui said:
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> > Torty Mom said:
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no, they wouldn't euthanize the tort. the states (florida specifically),has designated releasable areas that they take the tortoises, and/or utilizing in permitted organizations research/wildlife areas-like university ecology lands and disney's wildlife reserve...


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## dmmj (Aug 27, 2011)

I know they used to Dr. kervokian them in the past, but more than likely it would be confiscated and then given to an organization to either place or release depending on the state's laws.


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## ascott (Aug 27, 2011)

Hello Terry, 

You can always call them directly and find out a "what if" scenario;

Karen Planka
Wildlife Permits Coordinator
Texas Parks and Wildlife
Austin, Tx.
512-389-4491

Good luck, it would be great if someone came across a needy texas tort and was able to fall in love with him and adore him and care for him.... as well as figure a way to do it without a problem....


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