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Author Topic: Trespassing Question.  (Read 12975 times)

Offline CAMPMEAT

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Re: Trespassing Question.
« Reply #30 on: January 21, 2011, 03:33:10 PM »
Up here where I live, you best not shoot at anything on somebody else's property. Big trouble. Seen it happen. The reason being, it tends to lead to more issues of landowner rights, than hunters rights. Hope that came across right.
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Offline Straight Shooter

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Re: Trespassing Question.
« Reply #31 on: January 21, 2011, 03:38:02 PM »
You guys are just wound way too tight.  This is a Coyote we are talking about, it's not even a game animal.  Larry

Wow, your comments are amazing.  What it boils down to is basic integrity and ethics... and having respect for someone else's property.  Hopefully, you're not passing on your values to younger hunters.   :twocents:
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Offline h20hunter

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Re: Trespassing Question.
« Reply #32 on: January 21, 2011, 03:40:26 PM »
I agree that this discussion really has nothing to do with a dumb 'ol yote. If you don't respect somebodys land you probably won't be asked back to hunt the same place anyway.

Offline gaddy

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Re: Trespassing Question.
« Reply #33 on: January 21, 2011, 03:42:36 PM »
all i can say is if its not your property and you dont or cant get permission to be on it stay off.

Offline runamuk

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Re: Trespassing Question.
« Reply #34 on: January 21, 2011, 03:49:06 PM »
Wanna know what is even worse...when some neighbor shoots another neighbors pitbull and the damn thing dropped dead on MY property  :o :bash:  :bdid:...the neighbor the pitbull belonged to hated me so we had to dig a big frickin hole post haste so it could be buried before he spotted it and still when his dog didn't come home after a week I was the one he blamed and cussed out and called about 100 names and threatened...I did call the sheriff and talk to him there was nothing that could be done we didnt see who shot the dog, plus the dog had been causing trouble and he had been warned, the sheriff said we did the best thing by dealing with it...but it was real special  :bash: :bash:

Offline Little Dave

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Re: Trespassing Question.
« Reply #35 on: January 21, 2011, 04:38:50 PM »
You guys are just wound way too tight.  This is a Coyote we are talking about, it's not even a game animal.  Larry

I'd have to agree about being up tight on this one.  It would be great if the situation in our state to mature to a point where we can have the respect of our neighbors and the privilege of law to recover game on private property when needed.  I figure one step in making that happen is an improvement in hunter/landowner relations.  On the other hand, if people are too casual about stuff like this, even more restrictive laws will be introduced.  Could be much worse.

Offline ribka

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Re: Trespassing Question.
« Reply #36 on: January 22, 2011, 10:55:25 AM »
A few weeks a go I see a truck parked by my driveway and then i see 2 guys bail out of the truck and start running towards my house with their rifles pointed in the direction of my house. I go down and confront them and ask what the he** they are doing and they say they are chasing a yote. I tell them they are on private property and they try and continue and saying they think it is ok because they don't see any trespassing signs. I then say what about the one where they parked their truck.

I guess I need to put sign every 5 ft in the drive way now :bash: :bash: :bash:

Ran them off then.

Big problem out in the country now people from the city always trying to sneak on our properties to hunt.

Offline JimmyHoffa

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Re: Trespassing Question.
« Reply #37 on: January 22, 2011, 12:01:36 PM »
ribka, Then your countryside would look like the foothills around Sequim and Port Angeles.  There are a few areas with so many signs regarding no hunting and trespassing that even a blind person could get the picture.  A few of 5 to 10 acre places here have them about every 10 feet along the fence.  The area I'm in is near a national wildlife refuge so the deer wander into the yards, but a residential area.  During bow season it is not uncommon to have cars pull up in the driveway and guys running around in the yard with bows.  As soon as a buck shows up in the neighborhood the traffic increases probably tenfold.  A few neighbors find arrows stuck in their house and deer blood all over their driveway, sometimes a dead deer in their flower beds.  Right now the problem is with the bull elk.  They like to hangout in an area south of town in a bunch of people's yards.  There is an old guy that lives in the problem area that has been videotaping and telling the whole town about it.  A small truck goes around to see if any one is home, or will follow a car out from the driveway.  Once it is clear, a flatbed will pull up and shoot a few elk and they load up and take off before the homeowner returns.  They don't even bother to gut the elk. 

Offline sakoshooter

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Re: Trespassing Question.
« Reply #38 on: January 22, 2011, 06:51:05 PM »
I asked pretty much that very question a long time ago to a game warden. Your shot, whether it be with a bow or gun would be considered hunting. This includes where it ends up is too.
I asked because if you shoot a deer(example)on public ground but it runs onto private ground and dies, you need to get the land owners permission to recover your game. If they won't grant permission, you're supposed to call the police and they will supposedly make it work between you and the land owner so you can responsibly recover your animal.
My questions was: Since the land owner has to let you recover your game, what if I shot from public ground onto private, killing a deer. Would the landowner have to let me recover the game. The answer was yes but I'd get a trespassing fine for my actions.
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Offline bowbuild

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Re: Trespassing Question.
« Reply #39 on: January 22, 2011, 09:49:42 PM »
Aakoshooter,

                        Interesting, yet "Thehunt" posted exactly the opposite of what you claim. Seems it would be nice to know whether you have legal right to downed animals regardless of being shot on private land legally, or not. I personally feel trespassing, or not, you have claim to the animal as I understand the law as it is.....(I could be wrong.) I see hunting in a legal unit on private land, or not, to be hunting....perfectly legal, trespass has nothing to do with hunting. You can trespass without ever pulling a trigger. Do I believe people should stomp around on others land......No!!, but as the law is now, unless changed recently there is a distinct difference. If a land owner will not give permisson to claim your animal, they should be charged with wastage of game, and it they move or touch it POACHING as there is a party that has TRIED to lay claim to it, as the animal was killed in a open legal unit......to utilize the game animal in anyway would amount to theft....my opinion! Try utilizing a stolen vehicle on your property and see what happens??? ;)

                        The Cedar river water shed some yrs ago was open to hunting, as far as the game department was concerned.....BUT in large print is said that the city of Seattle inforced trespass. At one time the ticket was quite reasonable for trespass and with the large amount of trophy bulls  in the shed it was worth the risk....and many took the chance. Seems rather interesting that the game department for yrs didn't have any contact with the city of seattle water shed.......I think it was almost a dare to hunters........911 changed all that, seems they talk now. :dunno:

      
Bowbuild
« Last Edit: January 22, 2011, 10:03:19 PM by bowbuild »

Offline CastleRocker

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Re: Trespassing Question.
« Reply #40 on: January 22, 2011, 09:52:56 PM »
It's all about ethics, and the lack thereof nowdays.

Here is my problem with this subject;

Several years ago, my kids were in a hunter's education class up in Chehalis and this subject came up.  There were two game wardens and two hunters ed instructors doing the classes.  They preached and preached ethics.  However, they told the entire class that in a case such as this, a animal CAN be shot on private land, posted or not, as long as the hunter made it from a legal place.  This statement made me and several other parents sit up and pay attention.  One of us (who shall remain anonymous) actually said "WHAT the hell!?" rather loudly.  (Sorry kids).  Now that he had EVERYONES undivided attention, he proceeded to tell everyone again about ethics.  THEN he clarified his previous statement.  

All wild animals in the state of Washington belong to the state.  They do not belong to a private landowner although they may live there.  So (according to him) it is "legal" to shoot that buck that is feeding in grandma's roses out back as long as the shooter can make the shot far enough from any road, house, etc.  HOWEVER, he did stress that it's NOT ethical to do so.  Then he told all these little impressionable kids that should this situation arise, they are to call the law immediatly.  Do not have any contact with the landowner.  Let law enforcement do that.  I made the comment that this would not work on my property.  I just wish he wouldn't have even told all those kids that.  I remember it all too well and it still ticks me off.  

So, unless things have changed, this gives all the unethical POS hunters out there the "legal" means they need to come shoot critters on my property.  I wish you luck, will surely need it.
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Offline billythekidrock

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Re: Trespassing Question.
« Reply #41 on: January 23, 2011, 06:20:15 AM »
Aakoshooter,

                        Interesting, yet "Thehunt" posted exactly the opposite of what you claim. Seems it would be nice to know whether you have legal right to downed animals regardless of being shot on private land legally, or not. I personally feel trespassing, or not, you have claim to the animal as I understand the law as it is.....(I could be wrong.)

The way I understand it is that the shooter must contact enforcement if the landowner won't let you recover your animal. Enforcment then "reminds" the landowner of the wastage laws which, more often then not, changes the landowners mind.
But I could be wrong.




Offline Bob33

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Re: Trespassing Question.
« Reply #42 on: January 23, 2011, 07:34:43 AM »
In Washington retrieval of an animal is not legal grounds for entering private property without permission. 
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Offline ICEMAN

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Re: Trespassing Question.
« Reply #43 on: January 23, 2011, 11:41:47 AM »
Aakoshooter,

                        Interesting, yet "Thehunt" posted exactly the opposite of what you claim. Seems it would be nice to know whether you have legal right to downed animals regardless of being shot on private land legally, or not. I personally feel trespassing, or not, you have claim to the animal as I understand the law as it is.....(I could be wrong.)

The way I understand it is that the shooter must contact enforcement if the landowner won't let you recover your animal. Enforcment then "reminds" the landowner of the wastage laws which, more often then not, changes the landowners mind.
But I could be wrong.

This is how I was told it works aswell....
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Offline FALFire

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Re: Trespassing Question.
« Reply #44 on: January 23, 2011, 12:47:43 PM »
What part of PRIVATE LAND don't you understand??

There is nothing in state law that requires a land owner to allow anyone onto their property unless perhaps it was a human life threatening event and those defenses outlined under RCW.9A.52.090.

Just because a hunter shoots an animal from public land and it dies on private land is no exception, regardless of the " Wasting of Game Meat" laws. It is the hunters responsibility to  contact all involved parties and request permission to access the land to retrieve said game animal. If you are met with refusal then of course the proper authorities should be contacted. However, there is nothing the LEO can do to FORCE the landowner to "Give up" the goods even though the threats of violating state law of Waste of Fish and Wildlife RCW 77.15.170 is made, the landowner is still under no obligation to allow the hunter onto the land. If the LEO speaks with a silver tongue, then perhaps the LEO can take possession of the animal and turn it over to the awaiting hunter(s) and all is well. A Law Enforcement Officer cannot make up the rules as the day goes on, they can only uphold the law as written and allow the courts to settle the issue.

If you are hunting on public land and you shoot an animal on private land you are subject to the State trespassing laws, regardless if you actually step foot onto the private ground. You, as a hunter are responsible for your projectile regardless of where it falls. Be responsible and no worries, be stupid and face the consequences.

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.080

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.09
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