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Author Topic: High buck legality question  (Read 2404 times)

Offline deerhuntr4885

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Re: High buck legality question
« Reply #25 on: August 25, 2017, 10:02:16 PM »
If you really want to know, contact F&G.  Don't ask for legal advice from forum. I know a lot of guys do, but man!  Do you really want to entrust your hunting privelages to a bunch of guys sitting in front of their computers with a beer In one hand and their.......uhhhh, mouse, in the other?     :chuckle:
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Offline robescc

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Re: High buck legality question
« Reply #26 on: August 25, 2017, 10:26:35 PM »
Why do a few of you guys think thus is a grey area? It's Black and White. You hunt and shho within the boundary. It would be the same as shooting across GMU  boundaries when the one you are in is closed to hunting.
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Offline cboom

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Re: High buck legality question
« Reply #27 on: August 26, 2017, 12:58:55 AM »
Why do a few of you guys think thus is a grey area? It's Black and White. You hunt and shho within the boundary. It would be the same as shooting across GMU  boundaries when the one you are in is closed to hunting.
Please show me the law that shows its black and white. I can't find  it? Like I said in my original post I'm not interested in opinions.  I am interested in the law.

Offline cboom

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Re: High buck legality question
« Reply #28 on: August 26, 2017, 01:03:04 AM »
You would be hunting from a closed a unit there for illegal illegal illegal!  But I guess if you have enough money you could get out of it pretty easily!  :hello:

You might not really understand what I'm talking about here. Like I said to begin with please post factual laws. Not interested in opinions.
« Last Edit: August 26, 2017, 07:40:54 AM by bobcat »

Offline cboom

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Re: High buck legality question
« Reply #29 on: August 26, 2017, 01:07:54 AM »
Dang Cboom.  Looks like you'll actually have to hike your sorry butt up the mountain rather than relying on that new long range shooting stick...

Those big shooting sticks you speak of are only good for a bit over a mile. Still a bit of work  involved!

Offline Curly

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Re: High buck legality question
« Reply #30 on: August 26, 2017, 06:06:41 AM »
I think the only real way to know the answer would be to do it and get cited, then go to court and see what a judge thinks.

A warden would likely cite you, take your gun and let a judge decide.

I would bet that if you ask wdfw they would not say that scenario is legal. You would be hunting in a closed unit, just by way of how hunting is defined as Bob33 pointed out earlier.

Seems to me though, that you could argue (probably in court) that the actual taking of the buck was legal because it was taken in a legal unit even though you were hunting in a closed unit.  But then you might be able to convince a judge that you were not hunting in the closed unit because you were not looking in that unit to kill deer.  The warden probably wouldn't believe you since all appearances would lead him to believe you were hunting. :twocents:
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Offline Tinmaniac

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Re: High buck legality question
« Reply #31 on: August 26, 2017, 07:57:34 AM »
I know this will look like a silly unlikely senerio, but I sometimes hunt places this could be a very realistic encounter.........

So if a person is just out of the wilderness area and a buck is in the legal wilderness area would it be legal to take the shot? I have looked through the regs and didn't see anything that addressed this. And no offense to anybody, I'm not looking for guess's or opinions. Just facts on if that would be legal or not.
No brainer,not legal.If you need to ask if you can shoot from a closed area into an open area to harvest animals you should not be in the woods with a gun.That's a fact.

Offline bobcat

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Re: High buck legality question
« Reply #32 on: August 26, 2017, 08:37:05 AM »
In my opinion it's definitely NOT black and white. Let's say a trail is a boundary between an open unit and a closed unit. I'm standing 5 feet on one side of the trail, and I shoot a deer that's in the open unit. I see nothing wrong with that, what difference does it make that I was standing 5 feet outside of the open unit?

With a strict interpretation of the law, apparently I was in violation a few years ago on my sheep hunt. We set up our spotting scopes and spotted sheep two miles away, in the open unit from another unit, and this was what I was told to do by a WDFW biologist.

According to what some are saying, I could have been charged with hunting sheep in a closed unit.

Offline cboom

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Re: High buck legality question
« Reply #33 on: August 26, 2017, 08:45:16 AM »
I know this will look like a silly unlikely senerio, but I sometimes hunt places this could be a very realistic encounter.........

So if a person is just out of the wilderness area and a buck is in the legal wilderness area would it be legal to take the shot? I have looked through the regs and didn't see anything that addressed this. And no offense to anybody, I'm not looking for guess's or opinions. Just facts on if that would be legal or not.
No brainer,not legal.If you need to ask if you can shoot from a closed area into an open area to harvest animals you should not be in the woods with a gun.That's a fact.

Really? Show me the law that spells it out oh wise one.

Offline G-S

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Re: High buck legality question
« Reply #34 on: August 26, 2017, 08:53:22 AM »
I glasses game from a different state then crossed over and killed them. But I think you can spot game from where ever you can just make sure you're in your gmu when you pull the trigget

Offline Boss .300 winmag

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Re: High buck legality question
« Reply #35 on: August 26, 2017, 09:13:49 AM »
Little devils advocate here, your in an open unit and spot an animal your hunting in an open unit, but the area between you and animal is closed.  :chuckle:

Now would it be legal to shoot that animal since your shot would travel through  a closed unit? :o
« Last Edit: August 26, 2017, 11:27:20 AM by Boss .300 winmag »
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Offline Bill W

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Re: High buck legality question
« Reply #36 on: August 26, 2017, 09:17:09 AM »
I would say that if you have to ask the question, then you already know the answer grasshopper.

Offline teanawayslayer

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Re: High buck legality question
« Reply #37 on: August 26, 2017, 09:22:33 AM »
You would be hunting from a closed a unit there for illegal illegal illegal!  But I guess if you have enough money you could get out of it pretty easily!  :hello:

You might not really understand what I'm talking about here. Like I said to begin with please post factual laws. Not interested in opinions.
totally understand what your talking about. See deer all the time on the high hunt from camp. Camp is set up on the boundary. Never shot one from camp.  Very grey area. If there is any question and you are having to ask if it's legal. Sounds like a no brained to me. Don't shoot.
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Offline MADMAX

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Re: High buck legality question
« Reply #38 on: August 26, 2017, 09:26:18 AM »
If where your standing when you fire is open then your good to go
if not-Your in a closed area, no shot allowed

legal definition below

"To Hunt: Any effort to kill, capture, injure, or
harass a wild animal or wild bird"
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Offline cboom

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Re: High buck legality question
« Reply #39 on: August 26, 2017, 09:35:26 AM »
If where your standing when you fire is open then your good to go
if not-Your in a closed area, no shot allowed

legal definition below

"To Hunt: Any effort to kill, capture, injure, or
harass a wild animal or wild bird"

By that definition hunting would start when or before we leave our homes. That is when the effort to kill begins.
« Last Edit: August 26, 2017, 10:04:10 AM by cboom »

Offline cboom

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Re: High buck legality question
« Reply #40 on: August 26, 2017, 09:39:13 AM »
Thanks to those of you that made the effort to post laws. I said in my OP I had no interest in opinions,  but that is 90% of what I got. Even told I don't belong in the woods if I had to ask.
« Last Edit: August 26, 2017, 10:04:40 AM by cboom »

Offline Bob33

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Re: High buck legality question
« Reply #41 on: August 26, 2017, 09:51:27 AM »
Like many legal situations there is the letter of the law, and the intent of the law. Because of that, officer discretion and the totality of circumstances will often play a significant role in the outcome.

Example 1: a hunter is 20 feet outside the wilderness area but there is no defined boundary to readily determine that. He shoots an animal that is clearly inside the wilderness from just outside the boundary.

Example 2: a hunter sneaks 100 yards inside a posted national park boundary to stalk an animal in a legal area. He shoots the animal from inside the national park.

Both hunters shot animals that were inside legal areas, but both shot from closed areas. Which one is more likely to be cited for hunting in a closed area?
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Offline 3nails

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Re: High buck legality question
« Reply #42 on: August 26, 2017, 10:01:45 AM »
 Is @bigtex still around? Maybe he could provide some insight. I still feel this IS in the laws. Seems obvious to me. No way can they put into writing every single "what if" scenario.
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Offline Curly

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Re: High buck legality question
« Reply #43 on: August 26, 2017, 10:33:20 AM »
With a strict interpretation of the law, apparently I was in violation a few years ago on my sheep hunt. We set up our spotting scopes and spotted sheep two miles away, in the open unit from another unit, and this was what I was told to do by a WDFW biologist.

According to what some are saying, I could have been charged with hunting sheep in a closed unit.

You didn't have your rifle loaded or with you while spotting. No way they could say you were hunting at the time you were in the closed unit.

Now, if you had your gun with you and loaded, it could appear that you were hunting in a closed atea. :twocents:
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Offline trophyhunt

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Re: High buck legality question
« Reply #44 on: August 26, 2017, 12:43:36 PM »
I think the Bullwinkle example pretty much gives us all a chance in court with this particular scenario.  I really don't think any one of us really knows what would happen, just guess's.  What if your hunting coyotes in the alkali unit (which is permit only for deer) and your on the boarder of an open deer unit.  You see a deer in the open unit and shoot it, is that illegal?  It's a good question the OP asked, I'd love to hear an answer from a wildlife officer. 

Offline builtfordtough

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Re: High buck legality question
« Reply #45 on: August 26, 2017, 02:56:19 PM »
Hunt inside the boundaries and shoot inside the boundaries... enough said!!!

Offline teanawayslayer

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Re: High buck legality question
« Reply #46 on: August 26, 2017, 04:12:04 PM »
 
Hunt inside the boundaries and shoot inside the boundaries... enough said!!!
:yeah:
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Offline runamuk

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Re: High buck legality question
« Reply #47 on: August 26, 2017, 06:48:43 PM »
Like many legal situations there is the letter of the law, and the intent of the law. Because of that, officer discretion and the totality of circumstances will often play a significant role in the outcome.

Example 1: a hunter is 20 feet outside the wilderness area but there is no defined boundary to readily determine that. He shoots an animal that is clearly inside the wilderness from just outside the boundary.

Example 2: a hunter sneaks 100 yards inside a posted national park boundary to stalk an animal in a legal area. He shoots the animal from inside the national park.

Both hunters shot animals that were inside legal areas, but both shot from closed areas. Which one is more likely to be cited for hunting in a closed area?
The one who gets caught :dunno:
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Offline Dan-o

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Re: High buck legality question
« Reply #48 on: August 26, 2017, 06:59:17 PM »
I know this will look like a silly unlikely senerio, but I sometimes hunt places this could be a very realistic encounter.........

So if a person is just out of the wilderness area and a buck is in the legal wilderness area would it be legal to take the shot? I have looked through the regs and didn't see anything that addressed this. And no offense to anybody, I'm not looking for guess's or opinions. Just facts on if that would be legal or not.
No brainer,not legal.If you need to ask if you can shoot from a closed area into an open area to harvest animals you should not be in the woods with a gun.That's a fact.

Wrong.

His question is completely legitimate. (notice the varied opinion?)

Also notice that others are at least trying to be helpful.    You should give that a try........   or you don't belong in the woods with a gun.   And that IS a fact.
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Offline mfswallace

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Re: High buck legality question
« Reply #49 on: August 26, 2017, 07:58:13 PM »
It's very simple-- do the right thing!
If your not in a legal hunting area don't pull the trigger, if the animal you are trying to harvest isn't in a legal area don't pull the trigger. IMO

99% know Reichert killed a bull illegally but the 1% will point to the courts decision as a way to justify the illegal kill....wasting time arguing with anyone who tries to defend this question just brings you down to their level when it should show you their questionable morals... again this is just my Op

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« Last Edit: August 26, 2017, 08:17:43 PM by mfswallace »
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