Doe shoot by me and another hunter, Who's is it?
 

I was out for the last day of shot gun season in ohio and seen a nice doe coming in about 45 yards, so i decided to take the shoot. Well the first shoot hit high and missed. She went about 20 yards so i bleated at her and she stopped, so i took a second shot which double lung her. She walked about 15-20 and her front legs was giving out on her then i hear another shoot and she dropped, i hear this guy yell to his buddy and say i got one, and by this time i was pissed and yelled back i shoot her first, so i got down from my tree stand and walked over to where my second shoot hit her. There was blood sprayed all over the snow and had a good blood trail going to where she fell, so i was like its my deer and walked over to her and seen my double lung shoot and noticed the left side facing eye was grased. Well i never could of hit here there because she was walking to my left and the eye hit was on the other side. The other hunter said i dropped it so its my deer even though my shoot was the kill shot and she only went 15-20 yards and started to wouble and he shoot her in the eye. We called the DNR and he looked where i shoot her and said my shoot was good and had good blood, but there was blood by where the other hunter shoot her in the eye even though she was already going down if the guy would let her besides shooting. The DNR said we can sit here all day and fight about it like kids or we can flip a coin for it, by this time it was already two hours after she expired which he walked out to call the DNR and i even feild dressed her, so i said go for it, and i lost. I think he should of did his job and said i made the first kill shoot so its mine. The DNR even said in his classes they said who ever takes the first shot and hits its there deer, but there is no law on that. What do you think? Has this ever happened to you?
James

RE: Doe shoot by me and another hunter, Who's is it?
 

Historicly, in roman times, the game belonged to whoever drew first blood weather hit was a killing shot or not. Like in the legend of the boar with the golden hide. This rule was the way things were done back in the day because the one who drew first blood was the first one to find the animal and the hunt was his.

Then back around the day of the depresson, if you killed an animal you were unlikely to give it up just because someone else shot it before you did. So the "rule" was changed to suit the times. "I killed it, you just ran it to me with your shot".

Nowadays, it's about as confusing as you can get. Different areas beleive different things, and different people. But most people believe that the one who dropped it gets it. But sometimes the shot that dropped it was superficial, this is where it gets confusing. Flipping a coin is standerd practice in this situation. It is unfortunate that this is the case, I shot a huge buck once, then someone else shot it, we flipped a coin and it was his. He didn't even want it that much, he just wanted to argue. I was 16 at the time and had never got a buck. I shot this one with a bow.It sucked but everyone has a story about something like that, and now you have yours. Just be glad it was a doe and not a huge buck. Oh, and congrats on the great shot, and harvesting a doe. As far as I'm conserned, you can consider that your doe that someone else got by luck alone.

"Hey ya'll, watch this"

RE: Doe shoot by me and another hunter, Who's is it?
 

I think I would have told him to kiss my arse cause she was walking dead anyway especially if you had good blood from where you hit her. Also if that guy was that close (talking distance) he had no business what so ever shooting anyway. You could have been killed walking up to her when he shot. It would be hard for me to imagine that he didn't hear you shoot. Next time tell him it's not your fault that he shot a dead deer and that he needs to go back to hunter education class cause he must have missed the day when they talked about making sure of your target and WHATS BEHIND IT.

RE: Doe shoot by me and another hunter, Who's is it?
 

i live and hunt in ohio and typically during shotgun season the person who hits a deer last is the one who claims the deer. i hear about these kind of arguements all of the time. thats why i usually only bowhunt. dunno how it is in other states but here in ohio shotgun season can be one big cluster f**k.

kodiakhuntmaster man that just plain suxors.....here in ohio during bow season the rule of thumb changes. if you make a lethal shot w/a bow and someone else shoots it the deer would IMHO be yours. of course you're probably gonna run into an arguement. but man if this happened when you were 16yrs old....what kind of adult would argue w/a 16yr old kid over a deer especially you're first buck. had that been me that shot your buck and saw after the fact that you had made a lethal shot, i would have let you tag the deer.

james59 sorry about your luck but from my point of view the guy that won the coin toss is the person that should have tagged the deer in the first place.

RE: Doe shoot by me and another hunter, Who's is it?
 

If you made a killing shot on her, which it sounds like you did, then she's yours. As far as I'm concerned he interferred with your hunt by shooting a deer you had made a killing shot on and were trailing.

RE: Doe shoot by me and another hunter, Who's is it?
 

First how close does everyone hunt there sound's like he wasn't but a stone throw away,but in my opion you did the right thing not because he shot and it dropped or he was the last to hit it but sound's to me that he was an idiot or one of those drive around and blast types he shoot's at a deer and then yell's for his buddy who probally was setting behind him at the same tree he was at

RE: Doe shoot by me and another hunter, Who's is it?
 

Boy what a mess, Lots of stuff behind the seans here. The close hunting and all, Missed the first shot, who hit where is always a guessing game after 3 shots. Any way the way you describe it I would have given you the deer. Last I knew in Jersey the last hunter to shoot gets the deer. Altho I think I remember whoever gets the tag on first is the law.

Heard some shots and watched a Buck 8 point walking to me when I was a kid. It would have been my first buck. Walked for 200 yards or so. I was set up aiming at it and it dropped dead in front of mee at 40 yards. Some guys came buy and I showed them where He fell. If I had pulled the trigger a second sooner I would have been sure he was mine! Oh Well!! One Shot One Kill Striper Phil!!!

This was Buck shot season in Jersey long ago and there was often drives with lots of shooting and lots of missing. So It got to if you shot and got to the deer first it was yours.

RE: Doe shoot by me and another hunter, Who's is it?
 

hard choise to make.I have never been there.a few years ago we killed a buck in our club,Kay shot the buck first,he acted like she missed.she didn't jut a little far back. two more people shot and clearly missed. he got to my wife,and she droped him.(she could tell he was hit when she say him). when we all got to her the fierst thing out of her mouth "that deer belongs to Kay". after we looked we knew Kay had hit a fatial shot,through the liver and ponuch.(with rifle)

although he was dead,he had gone from 1/2 to 3/4 mile when my wife finished him. "I was very proud of my wife". we had never even talked about this when I taugh her to hunt.

as far as your case,the way you tell it;I would have opened a can of whoop a$$,or took the deer home.whech ever way he wanted it. after it was all over You did right I guess. the DNR officer should have done his job and settled the problem.that one of the things he gets paid for.

"You Done Did Good"
<img src=icon_smile_approve.gif border=0 align=middle><img src=icon_smile_cool.gif border=0 align=middle>:)

I am not a hunter I am a whitetail population reduction specialest

remember keep your back to the sun, your knife sharp, and your powder dry.

RE: Doe shoot by me and another hunter, Who's is it?
 

The guy who shot the killing shot gets the deer.There is no awards for slop shots,like gut shots ,legs blown off,or butt shots.Thats my thought and the Pa game commissions rule.Sorry but I would of defended my rights to that deer with my weapon.I have just had my fill of the slobs in the woods today.

RE: Doe shoot by me and another hunter, Who's is it?
 

I beleive lt's a question of ethics! I have killed other hunters deer that have come by me but have given them the deer because they drew blood first.Normally if the shot would have proved fatal you turn it over to the other guy.I shot a nice nine point one year which ran 100yds before dying in mid air while trying to jump a barb wire fence.The shot was a lung shot and I saw him run full out then slow down,jump and get entangled in the fencing. I also saw two guys walk upon the scene look down at me and shoot my deer in the head.They said they were keeping it because they put it down.I said imagine that!The deer is shot in the lungs and collasped on the fence and infact his rear legs were caught in the fence.Oh well two against one so I agreed to let them take it.

RE: Doe shoot by me and another hunter, Who's is it?
 

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.

RE: Doe shoot by me and another hunter, Who's is it?
 

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.

RE: Doe shoot by me and another hunter, Who's is it?
 

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

RE: Doe shoot by me and another hunter, Who's is it?
 

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 **

RE: Doe shoot by me and another hunter, Who's is it?
 

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

RE: Doe shoot by me and another hunter, Who's is it?
 

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

RE: Doe shoot by me and another hunter, Who's is it?
 

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

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

RE: Doe shoot by me and another hunter, Who's is it?
 

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.

[Deleted]
 

[Deleted by Admins]

RE: Doe shoot by me and another hunter, Who's is it?
 

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 &quot;owned&quot; 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

RE: Doe shoot by me and another hunter, Who's is it?
 

Unless your game commission has its own rule, the general common law rule in the United States is a wild animal belongs to the first person to mortally wound it. It is a question of state property law. The leading case was Pierson v. Post (I think) back in the 1800s; it concerned a fox. As I said, that would be the general rule; it could be different where you live.

RE: Doe shoot by me and another hunter, Who's is it?
 

I'd say it's yours, but one of the things humans can do is 'rationalize', thus it's better off giving an animal to some moron that think is his... It's not worth getting on a gun fight or have some redneck out looking for you next season.

RE: Doe shoot by me and another hunter, Who's is it?
 

Sounds like it was your deer. However, that isn't why I'm posting. Where in the heck were you hunting that there was another hunter so close bY? Sheesh, if I had someone that close to me and I didn't know it, I'd be scared to death once I found out. Heck, if I even thought there was a chance of someone else being anywhere around me I'd be nervous.

I'm sorry this happened to you but I'm more sorry that you have to hunt in conditions like that. If I was put in your position and that was my only option for hunting, I'd just have to quit hunting. Be careful out there!

--------------------------------------------
Hunting the Piney Woods of Deep East Texas.

RE: Doe shoot by me and another hunter, Who's is it?
 

I'm going to say you should get her. Always go by the rules of first blood and mortal wound. If two men take equally good shots, both being lethal that is, then the man that shot first gets it, first blood. If the first man makes a bad shot, which would not have been a lethal wound, then the man that made the actual kill shot gets the animal, mortal wound. Only problem is some guys argue about which hole is theirs, but most guys will be honest.

Screw the 10 ring, keep them in the zero!!!

RE: Doe shoot by me and another hunter, Who's is it?
 

Something like that happened to me and my brother once. We just went absolutely ape **** on them and made it very clear that we weren't leaving the woods without that deer. The situation defused quickly.

RE: Doe shoot by me and another hunter, Who's is it?
 

Great subject! I like reading the variety of opinions. But that's really just what they are - OPINIONS, not ANSWERS.

James, you posted so you must be looking for replys and/or opinions.

Here's my OPINION..............

1. You shot at a &quot;nice doe&quot; at 45 yards and MISSED? Time for a REALITY CHECK. You might want to seriously consider some major range time.

2. When hunting, isn't it prudent and wise to always know your surroundings? (i.e. not hunting too closely to others) Count you and the other guy as very fortunate! Three shots were fired, any one of which could have &quot;harvested&quot; either of the two of you. The shouting of &quot;I GOT ONE!&quot;, could have been, &quot;I'VE BEEN SHOT!&quot; Can you say Hunter Safety Education courses? Maybe you two could carpool to the classes and make up? Turn a negative into a positive? (Oh yeah-you don't see much of that, if any, on this site. Once the &quot;crying & whining&quot; starts it seems like it's only to gather as much sympathy as possible)

3. What if after your second shot (no matter how finishing it was) the deer walked 200....300....400....500 yards before the other guy shot it? Would it still be &quot;yours&quot;? What's the &quot;limit&quot;? If you want to believe there is no &quot;limit&quot;, then what if you shot it and it went 2 miles.3 miles...4 miles before dropping? Remember-you have to go that far and get the animal because it's the ethical thing to do, right? What if it walks or runs a mile or two and another guy shoots and drops the animal? Is it still &quot;yours&quot; because &quot;it was all but bled out&quot;? We can go on forever with this............

4. I feel that he harvested a live (i.e. still breathing), legal animal. And he hit it with his first shot. In the head with a 20 or 12 gauge slug would have killed it immediately! A double lung that drops the animal doesn't assure that it isn't breathing when it drops, does it?

5. Me personally, if I heard a couple of shots ring out, then saw a deer from that direction, and I didn't even know another hunter was in that direction or his/her exact location.....I would hold my fire.

P.S. ABSOLUTELY no offense is intended in this posting! Just some &quot;food for thought&quot; by those who read the follow ups. I've got &quot;big shoulders&quot; so if I'm outta line.........please let me know.


Now.....&quot;Go Get Ya One!&quot;

RE: Doe shoot by me and another hunter, Who's is it?
 

It should have been your deer. Nomercy is exactly right in atating that the first mortal wound is declared to that shooter. Anyone with any decency at all would have turned the deer over to you with a blessing.

RE: Doe shoot by me and another hunter, Who's is it?
 

The only time this type of thing has happened to me we split it. We both felt like we won!

Sorry your outcome wasn't so positive.

RE: Doe shoot by me and another hunter, Who's is it?
 

I got in the woods about 630am sun rise is at 712am. I noticed the other guy walking in the woods about ten min. after i got settled in my tree stand, so i blinked my light at him so he could see there was another hunter in the area, but this guy kept on setting his tree stand up. This guy should of realized that i was there first and walked to another spot like i do when i see someone in the woods. Im always worring about my safty during shot gun season thats why i try to get up in the tree stand as high as possible to prevent someone else from shooting me. Before i get into the woods i always have a back up spot to go to just in case there is some one in my hunting area. I heard the guy set up in the morning and tryed to warn him that i was there, but he didnt care. Both of my shoots where to the east and he was set up to the north, so i was looking out for his safty, but he wasnt looking out for mine. The guy even said he heard me using my bleat call to call her in and still took the shoot. I should of never gave up the right to a coin toose and argued that indeed it was my KILL SHOT that took it down. If there was a law saying the last person to shoot it can tag it then i would of walked up and shoot it again, but i new that i made the KILL SHOOT, so i didnt. It should be a law that the first person to make a KILLING SHOOT they should tag it not the person who shoots at another persons deer that was indeed getting ready to expire. These type of people only come out for gun hunting they dont work there a$$ of all season bowhunting to get a deer. I been bowhunting all year every weekend to get the meat in the freezer and he comes out a few times in one week and shoots at another mens deer. He can have the deer i know i made the killing shot so i know in my heart its my deer.
James

RE: Doe shoot by me and another hunter, Who's is it?
 

Tazman, I can happen on private ground... here's my story.
I was like you, I had heard if this happening but thought I was safe because I hunt private ground.
During Ohio 'lead slinging' season 2 years ago, I had just got done talking with a friend on a ridgetop, telling him where I was heading. I had walked about 20 yards when I here a deer coming through a thicket. It was a decent buck just high loping across the ledge below. My friend was closest and shot once and missed, it came by me and I put it down instantly. We just got to the deer, a nice 9pt just as wide as his ears, and here comes a guy through the thicket onto our private ground. Says he's been tracking that deer all morning. We look to see how many holes are in him and find a spot on the top of his neck that you could put you finger through, no blood. I had shot him through the heart and lungs. This guy starts in with a sob story about how he'd never killed a buck in 30 years and he's a preacher at a church that uses the meat, bla bla bla. I finally told him to just take the deer, hoping to avoid a confrontaion with the local crowd. Private ground but none of us live there, only a cabin (they have been know to mysteriously catch fire after gunseason). Oh well, always more and bigger deer out there, and he has to live with the fact that HE still hasn't killed a buck. I had to do it for him.

TxCowboy, I would hate to guess the number of hunters within 50 yards of each other during Ohio gun season, like nodooze says , a complete &quot;cluster f**k&quot;, people out wandering around shooting at everything moving, not caring what's behind or even in front for that matter. Check out http://forum.hunting.net/bbs/topic.a...18&FORUM_ID=29 for a typical day in the Ohio woods during the &quot;annual slug slinging contest&quot;.

RE: Doe shoot by me and another hunter, Who's is it?
 

James, I am with Txcowboy and the other who commented on safety and being so close. Now you come back to inform us you knew that the guy was near the whole time. Ok so you tried to warn him but he didn't care about your close corners...so being the safe one with a backup spot...why didn't you move. Knowing this guy was obviously a tool, you could have prevented this and thank god it never came to a real safety issue. I have encounter these types, even though I was their first. I choose to leave for safety and hunting reasons.

As far as arguing over a dead deer, i wouldn't have bothered. People like this are better off at home tagged out then wandering the woods with a weapon. You missed your first shot and hit the second only seconds later he pops her again...coin toss I guess...but why would anybody want to claim someone elses animal? I understand your frustration here, but if you knew he was their and had a back up spot, wouldn't you agree it would have been prevented and more useful to have moved? I believe part of safety is defence, if you put yourself in harms way your not being safe. Just a thought!

RE: Doe shoot by me and another hunter, Who's is it?
 

id say the shot that dropped it tags it...i always try to make a good shot and drop them..or take both shoulders out so i know they arent going far...and as soon as i reload im after it..there aint no waiting 30mins for it to expire..stuff happens...thats a terrible thing that happend to you...but theres nothing anyone can do about it...good luck next time...

RE: Doe shoot by me and another hunter, Who's is it?
 

This and saftey is the reason Im scared of hunting public land. I would say first blood is the owner. If that dont work then arm wrestle.

&quot;Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity&quot; Martin Luther King Jr.

RE: Doe shoot by me and another hunter, Who's is it?
 

By law here in PA that is HIS deer not yours. He made the shot that put it down .

RE: Doe shoot by me and another hunter, Who's is it?
 

I say you both should have taken three step, turned, drawn and blasted each other. To many hunters in that area anyway. Just kidding. First person placing a lethal shot owns the animal.

RE: Doe shoot by me and another hunter, Who's is it?
 

Actually DoubleLung, that may not be true.
Here is the relevant PA statute:
---------------------------------------------------------------------
Pennsylvania Statutes
TITLE 34 GAME (Pa.C.S.A.)
CHAPTER 23 HUNTING AND FURTAKING
SUBCHAPTER A. GENERAL PROVISIONS

--------------------------------------------------------------------
34 Pa.C.S.A. § 2304. Ownership of carcass of game or wildlife

(a) General rule. — The carcass of game or wildlife lawfully
killed or taken shall be the property of the person who inflicts
a mortal wound which enables that person to take possession of
the carcass.

(b) Officer not to arbitrate disputes. — No officer whose duty
it is to enforce this title shall be called upon to arbitrate any
dispute concerning the ownership of game or wildlife or to
testify concerning any such dispute.

1986, July 8, P.L. 442, No. 93, § 1, effective July 1,
1987.
--------------------------------------------------------------------

I don't know how PA courts have interpreted this statute, but I interpret it as following the &quot;mortal wounding&quot; rule. If he made a shot that would have enabled him to take possession of the carcass (a double lung shot would undeniably have done that), then the animal is his property. It doesn't require immediate possession, only that the shot would &quot;enable that person to take possession.&quot; The statute is not written very well though, so who knows how it would be interpreted.

[Deleted]
 

[Deleted by Admins]

RE: Doe shoot by me and another hunter, Who's is it?
 

I am with skeeter 7MM . Missed the first shot, stayed next to a bozo,
so who identified what shots hit where. The Bozo, you or the GW. Should have donated the deer to the local shelter!! One shot one Kill Striper Phil

RE: Doe shoot by me and another hunter, Who's is it?
 

Alright, here's my 2 cents......I don't feel like whoever shot it first or last matters....You need to sit down like sportsman and determine who made the killing shot.....I was sitting on a stand one day when I was a kid and here a shot way down below me, and about five minutes a doe came up and I shot and dropped her with a 30-30....I dressed the deer and put my rope around her and was headed back to the cabin with her....and a guy comes up and tells me that his deer and blah blah....I got to looking and back tracking the deer, and it was bleeding SOME....and then searched the deer and and there was a small nick on her....but I was a kid and he was a grown man that I didn't know....so he took the deer.....and that still bothers me and someone would do that to a kid......but I felt and I knew that I had made the killing shot, and besides that deer was running UP the mountain.....but anyway, your case is a little more questionable.....I'd personally say you made the killing shot....offer a split, take the deer back to a camp and split it....you never know, you might even make a friend.....or better yet.....take the deer to hunters for the hungry....just work it out.....it can be worked out....if both parties are willing.

In our line of work, we must be able to play Dixie and the Battle Hym of the Republic, With Equal Enthusiasm.

RE: Doe shoot by me and another hunter, Who's is it?
 

exactly fullback...if the hunters are honest they probly know or can tell from bloodtrails and such who made the killing shot...the first killing shot. In this case it seems easy to decide if a double lung shot was made first and the second shot was a nick(?) to the eye

donating to food for the hungry is not a bad idea

BUT lol... someone still has to use their tag on it

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