Legal question

[Bob33]

I believe you would get a rectal exam by the officer, and probably be cited for illegal dumping but no hunting violation.

[h20hunter]

Legally not sure. However if it is my land I would view it as trespass because your actions are physically happening on my land. Yes you are not but your intentions and bullet are coming over. Shoot with a camera....fine....but the connection for me is you own that bullet and are therefore trespassing.

[bowhunterwa87]

Only question id ask myself is ..are there any cars around?

[MIKEXRAY]

Not any kind of legal answer obviously but I was just watching the show "Wardens " on the hunting channel. There was a case in Montana of a guy shooting a shotgun to scare the elk off of private property and onto public land. He was in the road right of way and was shooting out in the field behind them.  I was surprised to see the Montana warden write him a "trespassing " ticket and his justification was that the landing of the bullet on the private property was the trespassing. In this case the land owner had called and complained of the shooting. Obviously a show but funny I just saw it and now am reading this. Not a legal expert but if law enforcement sees you shooting from a road right of way and onto someone else's private property , I believe you are getting some kind of ticket. I would be very surprised if they just drove away and let you be.

[dreamunelk]

This is a joke right?

 

If not, then it is truly said.   
Even if legal it would be unethical and disrespectful to the landowner.   A great example of why some do not allow hunting because of hunter behavior.

Some landowners do not want coyotes or other predators shot on there property.  I know one landowner that has a very liberal access policy for deer and elk.  He only has a few rules.  Don't drive in his fields.  Don't leave bones in his fields.  Don't shoot predators.  He is a very good land manager and because of that has abundant wildlife on his property.  When he feels that some predator management is needed he will ask a hunter he trusts to shoot the right ones. 

In a recent conversation he stated he really does not like today's hunters because he does no feel they are hunters.  Just guy's with guns who like to kill things.  One of the greatest compliments from him is when he says "that guy is a hunter".

It concerns me that we will lose access to this property some day because of disrespectful behavior.  No only does he have several hundred acres of pasture and forest it is also a great way to access some hard to reach state lands.  I know of at least 10 elk taken last year because of the access.  One was a very large bull.  A teens first elk. 

Sorry, but to me this is a no brainier.  Just keep going.

[b23]

I'm not exactly sure of the specific law/s but my best guess would be it's not legal. 

To take it one step further, I was thinking, ok, what if you did not have permission and you were shooting sage rats, prairie dogs, or ground hogs that were on your neighbors property but your shooting position was from your property.  Would it be legal since no part of your body physically went on to their property and like coyotes there is no law, at least that I'm aware of, that states you have to pick them up or dispose of them?? 

Granted, you'd likely be making multiple shots across the property line but would it matter if it was one shot or one hundred?  I don't believe it would be legal.

Any of you ever watch that "Wardens" show on the hunting channel?  A couple of weeks ago they had a guy stopped that shot a coyote or shot at a coyote, I don't exactly remember which, that was on property the shooter did not have permission to hunt on.  The property owner wasn't even present so there were no charges being pressed but I recall the game warden telling the shooter something to the effect that he was responsible for where the bullet went and even though his physical body was not trespassing that the bullet was basically an extension of his being and if it crossed property line/s it was the same as if his shooting position was on the property he did not have permission to be on.  Those aren't the exact words the warden used but my best recollection and this took place in Montana not Wa.

[Blacktail Sniper]

Only question id ask myself is ..are there any cars around?

Why?

[bobcat]

Montana actually seems to be much more strict with some of their hunting laws. In this scenario, it would be illegal in Montana because shooting from roads is illegal, in Washington it's only illegal if done negligently.

In this case, my guess is the bullet would be cited for trespassing. 

[Blacktail Sniper]

I would think it would be likely something related to leaving the dead critter on the owner's property without permission, illegal dumping or maybe even littering?

If of course, that is if shooter hit and killed the coyote. 

Then there is the chance of leaving it wounded, then maybe animal cruelty charges?

[700xcr]

A lot of farmer's don't want coyotes shot because they take care of rodents that dig holes in their fields. Then you have some with cattle that don't mind because coyotes createstrouble for them during calving season.

[pianoman9701]

I'm a lawyer on another internet forum, so I'll take this. In the most legal terms I can muster, you're stupid if you shoot an animal on someone else's land without their permission. Carry on.
Pman, Esq.

[HntnFsh]

Legally not sure. However if it is my land I would view it as trespass because your actions are physically happening on my land. Yes you are not but your intentions and bullet are coming over. Shoot with a camera....fine....but the connection for me is you own that bullet and are therefore trespassing.

This is my line of thinking also! His actions would affect the private property.

[Old Man Yager]

I'm a lawyer on another internet forum, so I'll take this. In the most legal terms I can muster, you're stupid if you shoot an animal on someone else's land without their permission. Carry on.
Pman, Esq.

[Bob33]

I think everyone believes it's a bad idea, and clearly and blatantly unethical. The interesting question is whether or not any law has been broken. It would appear that a bullet can trespass. Here's one article I found on the topic:


Can Someone Trespass On Your Property If They Never Touch The Ground?


Mark Sweet, Esq

If someone breaks into your property, walks across your yard and steals your pink flamingo in front of your house, they’re at least guilty of trespass.  But what about the air space around your property? There is an old Latin phrase, “cujus est solum ejus est usque ad coelum” which, loosely translated, means that a person who owns the soil owns it all the way to heaven.  Basically, if you own the land, you own the air space above the land.  For example, if someone is shooting at a duck, the duck flies over your land and the shooter pulls the trigger hitting the duck over a public lake, you can sue even though no bullet landed on your property.  The theory behind this is that the shooter interfered with the “quiet undisturbed, peaceful enjoyment…” of your property.
 
If I Own The Space Above My Property, Can I Sue Airlines For Flying Over My Place?
 
If you own the land up to heaven, then shouldn’t any airline flying through the air be liable to you for trespass violations?  Obviously, at the time many of these laws were created, the idea of an airplane flying 40,000 feet above the earth could only be imagined.  However, most courts felt that the property owner had a right to prevent an airplane from flying overhead at very low attitudes, but it is difficult to state at what level a trespass occurs.  The Supreme Court has ruled that federal law controls and that state courts cannot award trespass damages.
 
There is one theory that some courts will allow: the nuisance theory.  What this means is that you can sue for damages if you can show that there is actual harm caused by the airplane flying over your land.  Generally, you must show that the use of your property is limited in some way, like the pollution from aircraft force you to stay indoors.    The bottom line, if you can’t use your property because of someone else, you might have the right to sue for trespass damages.

[whacker1]

It is illegal......littering at the farthest stretch if they want to make a case, because you have to leave bullet and potentially downed animal.

It is trespassing if you retrieve the coyote.

It is bad karma with land-owners you don't know.  land owners of most variety will be upset, and will want you prosecuted for trespassing for firing a round onto their land without knowing the nuances of the property and ownership.  Whether an officer can make a trespassing ticket stick will be a different story, you may have to defend yourself in court on that one as they may choose to write the infraction regardless of knowing the outcome.  Should you get caught in the act of doing so, it will make all sportsman look bad.

Now, with all that said, an acquantance/friend of mine from Montana did this exact same thing and would be deemed socially acceptable from his home area in Montana.  But in this case in Eastern Washington, it was reported by a witness.  And sheriff/ game officer was in the same area sited him from shooting from the road.  This instance has made me rethink this exact circumstance.  I have encountered several coyotes on Hanford property that could be shot from the fence line.  Many that were in farmer's fields or range land that I have let go, which took a great deal of restraint.

If you know where the owner lives, go atttempt permission first.  It will likely cost you the Yote based on timing, but it might get you an opportunity should you come across the same yote in the future.