Legality Question
#1
Spike
Thread Starter
Join Date: Nov 2012
Posts: 33
Legality Question
So today as Im coaching some 9th graders in lacrosse I get a phone call during halftime. Its my girlfriend's aunt who is saying "Please tell me that is you infront of my house hunting". Well apparently she was feeding her 3 kids ages 3 and 1 (twins) and heard someone shooting in front of her house. She thought it was me and one of my friends because im the only one who has permission to hunt there property. Well it wasn't me. She called her husband who immedately came home from work and confronted the men. They said that they were just looking for a deer that they shot yesterday (Saturday) which was the last day of shotgun season. This is the 3rd time this year that these people have been on his property hunting. I ran into them once right after i killed my deer and i saw them shooting at a deer on the other end of his woods when i was driving by one day. So first are they legally allowed to shoot at an animal that is no longer in season even if they "injured it" and whats the whole situation with people tracking deer onto other peoples property? like are there any rules or regulations or if you shot it you can track it ? Thanks guys
#5
Banned
Join Date: Dec 2012
Posts: 32
Hopefully someone will jump in with specifics on md tress passing laws.
Generally its a minor offense to tresspass on unposted property. If its an offense at all.
If a violation occurs while tresspassing then adds to the penalty.
You stated person shot the deer day after the season?
You are generally allowed to take a kill shot to put the animal out of its misery.
But don't know if day after the shot would count as such.
If game violation did occur then that occuring while tresspassing would increase the penalty.
Without knowing details, gut feeling tells me it wasn't a mercy kill, and he was poaching.
Either way, you cannot enforce that law.
You should let local authorities know what's going on.
Generally its a minor offense to tresspass on unposted property. If its an offense at all.
If a violation occurs while tresspassing then adds to the penalty.
You stated person shot the deer day after the season?
You are generally allowed to take a kill shot to put the animal out of its misery.
But don't know if day after the shot would count as such.
If game violation did occur then that occuring while tresspassing would increase the penalty.
Without knowing details, gut feeling tells me it wasn't a mercy kill, and he was poaching.
Either way, you cannot enforce that law.
You should let local authorities know what's going on.
#6
Typical Buck
Join Date: Apr 2011
Location: Northern WI
Posts: 853
Check your laws, but most likely they have no legal right to shoot a deer anywhere a day after season is over. And most likely they have no right to go on your land without permission, even if the deer drops dead there. Consult your regulations - the answers are probably within them.
#8
Fork Horn
Join Date: Sep 2011
Posts: 222
make your own rules if it is your property.
OR
deal with the game warden, sheriff etc.
Tell them ......."Yes you can track the deer but FIRST......When the game warden comes.....Lets go to the exact spot you shot it and get it."
That will tell the WHOLE story.
OR
deal with the game warden, sheriff etc.
Tell them ......."Yes you can track the deer but FIRST......When the game warden comes.....Lets go to the exact spot you shot it and get it."
That will tell the WHOLE story.
Last edited by Buckyou; 01-07-2013 at 05:38 AM.
#9
In the states I hunt: no game law allows recovery of a dead deer IF the property owner does not give trespass permission.
No game law allows a compassion/mercy kill for a wounded deer.
Better to call the Wardens first and ask them to intervene.
#10
Banned
Join Date: Dec 2012
Posts: 32
In NY and PA,
while it is a violation to tresspass on unposted land,
its not a criminal violation and all wardens can do is tell the tresspasser to leave,
dont think one can be fined/charged with tresspassing on unposted land, unless a criminal violation also occurs while tresspassing,
if one is advised of no tresspassing, either through posting signs, or direct notification, then the tresspasser can be charged witha higher degree of tresspassing,
law, on mercy kills?
havent looked into that, i was under the impression while hunting,
after tracking one is allowed to take a shot as a mercy kill, that would be on an animal one initially shot,
how that applies when final shot is placed after season date i dont know. probably npt legal,
pure speculation here,
as a property owner they should inform the person no hunting allowed,
and to enforce that they should get local officials involved,
local cops tend not to do much on general tresspassing,
but if game violations occurred game wardens would probably be more interested.