those are endangered species.. you could be arrested just for possession...
Seriously, I believe it's an Eastern Diamondback Rattlesnake..
Eastern Diamondback Rattlesnake
and YES, it's poisonous..
Since I've lived in the Southwest for over 20 years now, I got a huge laugh out of "Makes a funny noise with his tail. "
Western Diamondback rattlesnakes are almost as common as the mice they eat.. the Eastern ones are not very common, but they're not listed as "endangered".. but I've had people back east tell me that they were going to turn me in when I told them I shot a rattlesnake (average about 1 per year I take out)