If it's on its feet it's fair game. I have had to give up deer because of this and have taken deer because of this. It is the most straight forward approach to this issue. Everyone will argue over what is a killing shot and it can get real messy (as you have seen).

My advise is to get a littl bone with the next shot and put it down. I hunt in a very populatd area and to avoid this issue I make sure (if possible) to break them down with the first shot.

Personally I have never been hungry enough to have a confrontation over 50-120 lbs. of meat. I have had it happen to me, but the other hunter was a genteman about it and had driven over a hundred miles to hunt.His slug wounded it, mine stopped it or he would still be looking for it, same old story, GET A CLEAR SHOT AND KNOW 200ft. from 200yds. If the guy had ran up to me shouting and waving his gun around, I would have snapped off an antler, gave him ten bucks to buy the seasonings and went back to hunting.

I'm really disappointed with some of the responses.
1( always Id your target first
2)take only killing resposible shots
3)When the deer is down defend it to the end
4) God Bless the dude that draws leg ,butt, blood or slop shoots a deer I END UP shooting a 1/4 mile down the hill with a ethical killing shot. He will have to fight me for it.NOT because I NEED THE MEAT,BUT THE IDIOTS THAT JUST BLAST AWAY WITH NO REGARD FOR THE RESPECT OF THE ANIMAL NEED TO LEARN A LESSON ,AND I VOLUNTEWER TO BE THE TEACHER

first off its not worth a gunfight in the woods to claim a deer

I live and hunt in Ohio and my own personal thoughts are the person who fires the first lethal shot gets the deer. Of course you could argue for days with some idiots about what shot was lethal and whatnot. If I blow out a deers lungs and it runs 20 yards and you shoot it in the head I am gunna walk right up and tell you that its my deer. I also dont see how you can call a difference between bow and gun hunting. In both cases the deer often run a short distance after being shot....its either the person who shot first or the person who shot last....not one for some situations and the other the rest of the time lol.

If I had been the other guy I would have looked at your blood trail and after I was satisfied that you had indeed shot the deer first...I would have happily said it was your deer. But everybody aint me lol

** I almost got him but I refuse to take a marginal shot **

In my book it was your deer, stories like this are why I am glad I hunt private property, this stuff doesn't happen, at least not yet.

The Tazman aka Martin Price
Founder and President of
Virginia Disabled Outdoorsmen Club

Just another reason why I try to hunt as far away from everybody else as I can.

what is another hunter doing like 15-20 yards away anyways?

http://community.webshots.com/user/jimmymo32

In my opinion the gw should have issued a tag for the deer then you and the other guy could have split the meat. It was a doe and i doubt you where going to make a trophy out of it. You still did the right thing by letting the other person have it. You can always get another deer. I'ld be more cocerned about people hunting so close.

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In NY and CT it's the person that drops the deer. Period, bow or gun. This is the legal precedent. During bow season, ethics and course training say the first lethal shot claim the deer---but that's still a hunter's choice, not the law.

Sorry but IMO his deer, period. Next time, as previously mentioned, try to break a shoulder or put one in the neck. They don't run far without a spinal cord.

I am quite confused by the DNR official's stance and demeanor however. In my opinion, as long as both parties were honest (and it sounds as if you both were), then it should have been a clearcut case. He should have informed you both that legally the other guy "owned" the harvest, but ethically it should be yours. Check OH games laws for definitions, but I'm quite confident that most states hold the same as NY & CT.

S&R