Always ask, even if you let the GW be the mediator. Just for the sake of asking, what happens if you have a flesh wounded animal that you decide to finish off while trespassing?
Would you tresspass to recover an animal?
- Thread starter mallardsx2
- Start date
Always ask, even if you let the GW be the mediator. Just for the sake of asking, what happens if you have a flesh wounded animal that you decide to finish off while trespassing?
sneakypete
Veteran member
No, I would call the game and fish and take care of it legally rather than taking a chance of loosing my hunting privileges for the rest of my life. I'd still get my game animal without wasting it but I wouldn't have to worry about trying out that self-righteous attitude with a judge.
CrimsonArrow
Very Active Member
As a LO, I'd automatically assume the deer was poached on the property and would likely jump to the same conclusion for a person trespassing looking for something. If someone is hunting and has a phone with internet access to search the direct GW cell# or CAD website it's pretty easy to get ahold of me or my wife. Likely to get GW assistance or assistance from me if (I'm in the area) in the search and access to drive around and make life easier if the animal is found. If those steps aren't taken then I'll extend the courtesy and call. It's a pretty tight knit area so if a carcass is found I likely will hear rumor of the particular deer being wounded. Odds are real slim I'll actually find it if the buzzards aren't on point in a 2 day window.
Also, I will not give someone access to go retrieve their dogs (hunting dogs) bc there's not a property around ours that they should be turned loose on bc of tract size. Once a year the property is open for just about anything bc of a 200yo fox hunt tradition in that area. It's basically a camping trip, getting dressed up on horseback and following a bunch of beagles around...can't actually say when the last time a fox was actually shot or seen during the event. I hope it continues another 200.
Last edited:
The answer is the same, if the hunter contacted the game and fish then the carcass wouldn't be left on my property to rot.
CrimsonArrow
Very Active Member
As a hunter, and as I stated earlier, I would always get landowner permission before entering their property to recover an animal. Keep in mind we haven't always had smartphones and their related technology. In the past, it wasn't easy tracking the owner down. As a landowner, our land is clearly posted, and I have had 2 run ins with deer hunters. One clearly shot a deer on our property from the road, and the local CO was called. The other had his Tahoe out on our hay field after dark, gutting a fawn he had shot on his side of the road. The blood trail corroborated his story, so I let the matter go. My dad's house is 300 yards away, and I told the guy to talk to us before ever doing that again. It made me a little angry, but I would have been far more upset to find a rotting carcass.
even if it was , coyotes gotta eat to. the hunter may not get to eat it but nature will not let it go to waste.
- Jul 8, 2015
- 3,941
- 3,258
6mm Remington
Very Active Member
Land owner first and then the game warden. I would hope a landowner would be reasonable about it.
Hilltop
Veteran member
I think most want to, or have, answered this question ethically. The reality, to me, is that each situation is different. I will try to do the right thing but I wouldn't let that animal rot unless I had no choice. Convenience has to be taken into consideration as well- much easier to do the right thing in farm country with cell service vs being on a mountain where it may take 1-2 days to pursue the animal legally.
Trust your conscience. If you feel shady about the way you are handling it then it will probably get you in trouble.
I've heard lots of horror stories associated to situations like this.
I would attempt to call the game warden first and explain my situation, and seek their counsel. If that failed, I would do my best to find the landowner and gain permission. If all else fails, I would attempt to retrieve the game without taking my weapon on private land.
Having worked at University and served as a student life chief-judicial-officer, I always remind myself..."how would you explain your actions to a judge?"
In the case i described, I could honestly say I attempted to contact game warden, landowner...and failing, did not want to have the animal go to waste. That is why I walked on private land to retrieve the animal.
I would attempt to call the game warden first and explain my situation, and seek their counsel. If that failed, I would do my best to find the landowner and gain permission. If all else fails, I would attempt to retrieve the game without taking my weapon on private land.
Having worked at University and served as a student life chief-judicial-officer, I always remind myself..."how would you explain your actions to a judge?"
In the case i described, I could honestly say I attempted to contact game warden, landowner...and failing, did not want to have the animal go to waste. That is why I walked on private land to retrieve the animal.
And I guess you're hoping that the judge accepts mitigating circumstances because if he follows the letter of the law your explanation wont carry any water.
same as ,for some, murder is not wrong.
yep ,only thing important is self.
laws are irrelevant unless you agree with them.everyone has a law they don't agree with and they have the right to choose to ignore it.
just be ready to face the consequences of that choice, cause chances are, they will be high.
Last edited:
Interesting topic.
Figure if the animal is near the fence, you should shoot to immobilize. High shoulder shot. If with a bow, probably best not to hunt close to the line. That is one scenario where a rifle is definitely an advantage.
This is situational - some situations afford getting permission, others afford just getting the animal. Do what helps you sleep best at night.
If your solution is to ultimately let it lay, go shoot another one - you followed the law and far as I'm concerned, did not harvest an animal if you have no access to the meat.
The whole property line thing borders absurdity at times. I hunt a lot in GA and went to WY this year - had a guy tell me I was trespassing while walking down a county road. Told him if I could drive on it I can walk on it.
Also got to watch some antelope just out of reach on the other side of the fence. That I could live with - and that is why the law exists, so folks don't shoot the critters 10 feet on the wrong side of the fence.
Figure if the animal is near the fence, you should shoot to immobilize. High shoulder shot. If with a bow, probably best not to hunt close to the line. That is one scenario where a rifle is definitely an advantage.
This is situational - some situations afford getting permission, others afford just getting the animal. Do what helps you sleep best at night.
If your solution is to ultimately let it lay, go shoot another one - you followed the law and far as I'm concerned, did not harvest an animal if you have no access to the meat.
The whole property line thing borders absurdity at times. I hunt a lot in GA and went to WY this year - had a guy tell me I was trespassing while walking down a county road. Told him if I could drive on it I can walk on it.
Also got to watch some antelope just out of reach on the other side of the fence. That I could live with - and that is why the law exists, so folks don't shoot the critters 10 feet on the wrong side of the fence.
A big city lawyer went duck hunting in a village. He shot and dropped a bird, but it fell into a farmer's field on the other side of a fence.
As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing.
The litigator responded, "I shot a duck and it fell in this field, and now I'm going to retrieve it."
The old farmer Peter replied, "This is my property, and you are not coming over here."
The indignant lawyer said, "I am one of the best trial lawyers in this side of the planet and, if you don't let me get that duck, I'll sue you and take everything you own."
The old farmer smiled and said, "Apparently, you don't know how we settle disputes in this village. We settle small disagreements like this with the 'Three Kick Rule'."
The lawyer asked, "What is the 'Three Kick Rule'?"
The farmer replied, "Well, because the dispute occurs on my land, I get to go first. I kick you three times and then you kick me three times and so on back and forth until someone gives up."
The lawyer quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.
The old farmer slowly climbed down from the tractor and walked up to the attorney.
His first kick planted the toe of his heavy steel-toed work boot into the lawyer's groin and dropped him to his knees !
His second kick to the midriff sent the lawyer's last meal gushing from his mouth.
The lawyer was on all fours when the farmer's third kick to his rear end, sent him face-first into a fresh cow pie.
Summoning every bit of his will and remaining strength the lawyer very slowly managed to get to his feet.
Wiping his face with the arm of his jacket, he said, "Okay, you old fart. Now it's my turn."
The old farmer smiled and said, "Nah, I give up. You can have the duck."
As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing.
The litigator responded, "I shot a duck and it fell in this field, and now I'm going to retrieve it."
The old farmer Peter replied, "This is my property, and you are not coming over here."
The indignant lawyer said, "I am one of the best trial lawyers in this side of the planet and, if you don't let me get that duck, I'll sue you and take everything you own."
The old farmer smiled and said, "Apparently, you don't know how we settle disputes in this village. We settle small disagreements like this with the 'Three Kick Rule'."
The lawyer asked, "What is the 'Three Kick Rule'?"
The farmer replied, "Well, because the dispute occurs on my land, I get to go first. I kick you three times and then you kick me three times and so on back and forth until someone gives up."
The lawyer quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.
The old farmer slowly climbed down from the tractor and walked up to the attorney.
His first kick planted the toe of his heavy steel-toed work boot into the lawyer's groin and dropped him to his knees !
His second kick to the midriff sent the lawyer's last meal gushing from his mouth.
The lawyer was on all fours when the farmer's third kick to his rear end, sent him face-first into a fresh cow pie.
Summoning every bit of his will and remaining strength the lawyer very slowly managed to get to his feet.
Wiping his face with the arm of his jacket, he said, "Okay, you old fart. Now it's my turn."
The old farmer smiled and said, "Nah, I give up. You can have the duck."
I would definitely go to the land owner. If he's a jerk about it I would call game and fish to have a warden come to settle the issue.