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Author Topic: High buck legality question  (Read 3788 times)

Offline Blacktail Sniper

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Re: High buck legality question
« Reply #15 on: August 25, 2017, 03:48:56 PM »
I personally would shoot it, but maybe it would be the same thing as shooting from the side of the road?

Not really, because if done right, shooting from the side of the road is legal.

Think more along the line of standing in an open unit and shooting a deer in a clearing that happens to be in a park.

One area is open the other is not.  The deer is killed in a closed area, so it was not legally taken.
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Offline Blacktail Sniper

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Re: High buck legality question
« Reply #16 on: August 25, 2017, 03:57:47 PM »
My examples are based on the OP's assertion that he knows the area the deer is standing is open and he is in a closed area.

Since the burden lays on the hunter to know his location and boundaries/property lines, GMU restrictions or requirements, etc. I can't see a situation where if discovered, he could put up a good arguement for not being cited.

Possibly could argue no intent to violate the law to the Judge if he didn't know that where he was standing was closed , but I don't think if it went that far, the hunter would walk away without some degree of a penalty.


Corrected my mistake...thanks for seeing it, cause I sure couldn't!!   :DOH:
« Last Edit: August 25, 2017, 04:32:46 PM by Blacktail Sniper »
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Offline Boss .300 winmag

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Re: High buck legality question
« Reply #17 on: August 25, 2017, 04:25:37 PM »
My examples are based on the OP's assertion that he knows the area the deer is standing is closed.

Since the burden lays on the hunter to know his location and boundaries/property lines, GMU restrictions or requirements, etc. I can't see a situation where if discovered, he could put up a good arguement for not being cited.

Possibly could argue no intent to violate the law to the Judge if he didn't know that where the deer was standing was closed, but I don't think if it went that far, the hunter would walk away without some degree of a penalty.

Op said the deer was in the open area, shooter outside of open area.  ;)
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Offline 3nails

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Re: High buck legality question
« Reply #18 on: August 25, 2017, 04:27:54 PM »
 This seems like a no brainer to me. If outside of the open area that would be hunting in a closed area regardless of where the buck is standing. Also not having hunter orange on would make it illegal also.
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Offline huntnfmly

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Re: High buck legality question
« Reply #19 on: August 25, 2017, 04:28:45 PM »
Beat me to it boss.
Yes the op is in closed area deer is not
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Offline Blacktail Sniper

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Re: High buck legality question
« Reply #20 on: August 25, 2017, 04:28:56 PM »
My examples are based on the OP's assertion that he knows the area the deer is standing is closed.

Since the burden lays on the hunter to know his location and boundaries/property lines, GMU restrictions or requirements, etc. I can't see a situation where if discovered, he could put up a good arguement for not being cited.

Possibly could argue no intent to violate the law to the Judge if he didn't know that where the deer was standing was closed, but I don't think if it went that far, the hunter would walk away without some degree of a penalty.

Op said the deer was in the open area, shooter outside of open area.  ;)

Thank you, I read that 3 times and knew something was not right...just couldn't see it!!!   :bash:


Will correct it! 

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Online teanawayslayer

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Re: High buck legality question
« Reply #21 on: August 25, 2017, 04:35:05 PM »
 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:
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Offline Blacktail Sniper

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Re: High buck legality question
« Reply #22 on: August 25, 2017, 04:38:26 PM »
Because the location of the hunter is what determines whether it is legal or not in that case, a deer in a closed area would not be legal.

The deer is not the one doing the "hunting."

You kind of lost me there, or didn't read it right? Fully would think if the deer is in a closed area it would be illegal.

Don't think that you read it right, see the bolded parts, we are both saying the same thing there, just using different words.

I'm a bit slow!


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It is better to be consistently incorrect than inconsistently correct...

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Sarcasm makes smart people laugh and stupid people mad.

Offline blacktailer

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Re: High buck legality question
« Reply #23 on: August 25, 2017, 08:06:01 PM »
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...
"A lazy man works twice as hard"

Offline HardCorpsHuntr

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Re: High buck legality question
« Reply #24 on: August 25, 2017, 09:58:00 PM »
Grey area, therefore default to NOT shooting. 

I have asked this specific question to tenured WDFW officers and received conflicting answers; which I have no problem with.  Officers, prosecutors, and judges all conflict within their own professions at times.  I'm not a risk taker when it comes to fish and wildlife laws (or any law), so when in question don't send it, and plan an alternative kill solution.





   
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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!

 

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