I understand that this might be written somewhere in black and white, but do you really not consider a deer "yours" until your tag is on it?

If so, what ifhunterAmade a fatal shot on a buck and it dropped within sight of both hunter A and hunter B. Hunter B has no ethical or moral standards and slaps his tag on the buck while hunter A is climbing down. Whose deer is it?

According to the letter of the law above, it belongs to whoever put the tag on it first. That may be the legal definition, but it doesn't hold true in our hearts. It's mine when it's mortally wounded. I'm morally and ethically bound to track, find and retrieve the animal.

Edited to add that if I were hunter A, I might be breaking another law.... assault.

couldnt agree more. But the tag issue unfortunately is what the law will probably hold true to.

Boy, there are alot of psyco landowners out there!!!!!!!!!!!!!!! Some of you guys need a life! If a guy shot a deer on his property and retrieved it on my property, WHY WOULD I HAVE A PROBLEM WITH THAT????

For the life of me, I never even thought to ask permission to retrieve a downed deer on someone else's land .... we just do it ..... I have met landowners that way ..... they ALWAYS met up with me and helped me track it ....... it HAS to be a regional thing .... if so, I'm staying here ...to many loony landowners out there looking for a reason to shoot someone ...

I've tried to stay out of this one, but, in all honesty, what is walking a few feet onto anothers property to retrieve a deer that you have killed, going to hurt? Where is the harm in going in and retrieving a DEER? Now, I know someone is gonna pull out a "well if they walked up to your house....yada yada yada" Thats not the point. Stick to the original topic please. Where is there any harm done to go and grab a deer? If you just go across, grab your deer, and get out as quickly as you can, while trying not to disturb any of the owners nearby property (stands, gardens, flowers, whatever) I personally don't see where the foul is committed. I know trespassing is trespassing is trespassing. I'm talking about from a down to earth, logical and rational way of thinking (ie: set the law books aside for ten seconds) why is retrieving a dead deer so bad?

Amen to the Preacha!

It's definitely not as simple as a tag.

Seriously - read Pierson- and what the judges have to say about a mortal wound, and property rights. It's definitely not a "race to the carcass."

Here's what the WashingtonAttorney General's officehas to say on the topic:

GAME ‑- ANIMALS ‑- HUNTING ‑- LEGAL RIGHT OF HUNTERS TO TAG ANIMALS SHOT BY OTHER HUNTERS ‑-CRIMES ‑- LARCENY ‑- TAGGING OF AN ANIMAL BAGGED BY ANOTHER.

1. A hunter who lawfully shoots a game animal acquires a vested legal right in such animal provided he continues to manifest an immediate intention to possess it by exercising actual physical possession and by tagging.

2. Where a second hunter shoots and tags a dying animal bagged by another while the first hunter is attempting to reduce it to possession, the second hunter is guilty of larceny if all other elements of the crime are present.
__________________________________________________ ______________________

So here's a basic example of the premise that a vested legal right attaches as soon as a shot is fired, and an immediate intent to recover/tag is present.

While I agree with the preach.....

Burbaust....the "original topic" was given to you in my thread header.

What's your answer?

Fran:

I didn't see anything in there that gave him the right to trespass to tag his animal. If he's prohibited by law from entering the man's land....how can he LEGALLY gain possession?

Is that a fair question? He can't shoot somebody while pursuing it. he can't rob a bank while pursuing it. Why can he trespass while pursuing it?

I understand your question, I just want to know why the topic had to get to the point where it is all about specific laws, and ownership rights (of the deer) thats all. For the record, I would go in and get my deer in the manner which I described above. I see no harm in it. Just my .02

Burbaust,
I understand what you're saying. At first, my knee-jerk reaction was yes, I'm going in. I was asked where does it stop? I never did answer that question, but to answer it, I'd just have to say that it ends with a tried and true method.... the practical application of common sense. Seems strange that common sense is so hard to find sometimes.....
Everyone talks about obeying the letter of the law, but when it comes right down to it, none of us have halos, nor do we deserve one. There may be one waiting for us, but we don't really deserve it.