OK, here is the lowdown, at least with New York state, I have been in direct contact with the local D.E.C. officer, he lives right up the road.

The laws were primarily written to end the mass gathering of "disposable" herps for the pet trade, and are not really directed at the folks who keep one or two native herps as "pets" (Captives)

So anyone who really thinks that some government officials are going to serve a no knock warrant to search for garter snakes in your home can rest a bit easier.

However, if you were to get busted for another (real) crime, they would add the charges to the list.

A neighbour of mine was arrested about ten years ago for trafficing dope, they found native snakes in his posession at the time, and to increase the "hype" he was also charged with the snakes.

Makes for "better" newspaper headlines.