Legal question

[deltaops]

Even though you might be on public property, you would still be considered hunting on private property and with out the owners permission, it is illegal.

[whacker1]

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.

They could argue Safety would hold you back from using your property and sue for trespass.

[Maverick]

If I was the land owner I'd be pissed. I'm pretty sure it's illegal to hunt on property you don't have permission to hunt. Shooting at an animal on that ground would be hunting and therefore illegal. If it was legal to shoot from the right of way onto private property Could you get some sort of ticket for shooting an animal with no intention of retrieving it? My advice don't do it. Ask the owner first. I've had property owners tell me I can't hunt their land an then ad that if I see a coyote from
The road to jump out and shoot it.

[Curly]

This particular property has no homes nearby, so it isn't easy to tell who owns it.  The County Gis site was down or not cooperating yesterday when I tried to figure who owns the piece.  I should have drove back out there yesterday to see if the landowner was back out to cut the rest of the field, then I could have talked to him.  The yotes have probably been picking up lots of chopped up field mice.

Sure don't get many opportunities on yotes in Western WA, I sure would have liked to drop that one.  Best not to have to argue in court either, even though it really is a gray area since I wouldn't have been trespassing in a practical sense and it isn't illegal to leave coyotes lay. 

(BTW - if I had decided to go take the shot at the yote, I would have missed.  I was on the way to shoot my rifle and my first shot at the target didn't even hit paper.  I forgot that I had moved the scope base and the scope back and had not shot it since then, so it was shooting about a foot low at 100 yards.  I would likely have just scared the bleep out of the yote)   Then what would they get me for?  Littering of a 140 gr bullet into the farmers field? 

[deltaops]

This particular property has no homes nearby, so it isn't easy to tell who owns it.  The County Gis site was down or not cooperating yesterday when I tried to figure who owns the piece.  I should have drove back out there yesterday to see if the landowner was back out to cut the rest of the field, then I could have talked to him.  The yotes have probably been picking up lots of chopped up field mice.

Sure don't get many opportunities on yotes in Western WA, I sure would have liked to drop that one.  Best not to have to argue in court either, even though it really is a gray area since I wouldn't have been trespassing in a practical sense and it isn't illegal to leave coyotes lay. 

(BTW - if I had decided to go take the shot at the yote, I would have missed.  I was on the way to shoot my rifle and my first shot at the target didn't even hit paper.  I forgot that I had moved the scope base and the scope back and had not shot it since then, so it was shooting about a foot low at 100 yards.  I would likely have just scared the bleep out of the yote)   Then what would they get me for?  Littering of a 140 gr bullet into the farmers field? 

You could be cited for hunting on private property without permission and harassing wildlife.

[Curly]

This particular property has no homes nearby, so it isn't easy to tell who owns it.  The County Gis site was down or not cooperating yesterday when I tried to figure who owns the piece.  I should have drove back out there yesterday to see if the landowner was back out to cut the rest of the field, then I could have talked to him.  The yotes have probably been picking up lots of chopped up field mice.

Sure don't get many opportunities on yotes in Western WA, I sure would have liked to drop that one.  Best not to have to argue in court either, even though it really is a gray area since I wouldn't have been trespassing in a practical sense and it isn't illegal to leave coyotes lay. 

(BTW - if I had decided to go take the shot at the yote, I would have missed.  I was on the way to shoot my rifle and my first shot at the target didn't even hit paper.  I forgot that I had moved the scope base and the scope back and had not shot it since then, so it was shooting about a foot low at 100 yards.  I would likely have just scared the bleep out of the yote)   Then what would they get me for?  Littering of a 140 gr bullet into the farmers field? 

You could be cited for hunting on private property without permission and harassing wildlife.

hmmm.......without setting foot on the property?  And when is it harassing wildlife to miss a coyote?  Doesn't seem like one could argue that it is hunting on private property if you aren't actually on the property? 

I guess it doesn't really matter since I didn't shoot and won't in the future, but I thought it would be an interesting question.  I'm not sure anyone can say with 100% certainty if an officer would write a guy up for that or what a judge might rule. I bet different officers may have differing opinions and judges would have different rulings. 

[deltaops]

This particular property has no homes nearby, so it isn't easy to tell who owns it.  The County Gis site was down or not cooperating yesterday when I tried to figure who owns the piece.  I should have drove back out there yesterday to see if the landowner was back out to cut the rest of the field, then I could have talked to him.  The yotes have probably been picking up lots of chopped up field mice.

Sure don't get many opportunities on yotes in Western WA, I sure would have liked to drop that one.  Best not to have to argue in court either, even though it really is a gray area since I wouldn't have been trespassing in a practical sense and it isn't illegal to leave coyotes lay. 

(BTW - if I had decided to go take the shot at the yote, I would have missed.  I was on the way to shoot my rifle and my first shot at the target didn't even hit paper.  I forgot that I had moved the scope base and the scope back and had not shot it since then, so it was shooting about a foot low at 100 yards.  I would likely have just scared the bleep out of the yote)   Then what would they get me for?  Littering of a 140 gr bullet into the farmers field? 

You could be cited for hunting on private property without permission and harassing wildlife.

hmmm.......without setting foot on the property?  And when is it harassing wildlife to miss a coyote?  Doesn't seem like one could argue that it is hunting on private property if you aren't actually on the property? 

I guess it doesn't really matter since I didn't shoot and won't in the future, but I thought it would be an interesting question.  I'm not sure anyone can say with 100% certainty if an officer would write a guy up for that or what a judge might rule. I bet different officers may have differing opinions and judges would have different rulings. 

I understand and see how anyone can misunderstand this.

Private property is off limits to hunting without permission, we all know this. So lets look at it like this.

Lets say you are in a GMU where it is legal to hunt Deer and or Elk. The adjacent GMU is closed to hunting Deer and or Elk. You cannot be in one GMU and shoot into another GMU that is closed. Same applies to private property from public land.

As far as harassing wildlife, it could be hard to prove that you really are and you actually did just miss it, but you already stated that you wanted to scare it, that would fall under harassing wildlife.
 

[Curly]

actually I didn't say that I wanted to scare it.  I said I would have just scared it if I had shot.  My intent would have been to kill and leave it where it laid.

[deltaops]

actually I didn't say that I wanted to scare it.  I said I would have just scared it if I had shot.  My intent would have been to kill and leave it where it laid.

You are right I misread it. My apologies..

[bobcat]

Curly you are still guilty of harassment of wildlife just for THINKING that you might want to shoot it with your high powered sniper rifle while it was peacefully enjoying a breakfast of chopped up field mice.

 

[Bob33]

Lets say you are in a GMU where it is legal to hunt Deer and or Elk. The adjacent GMU is closed to hunting Deer and or Elk. You cannot be in one GMU and shoot into another GMU that is closed. Same applies to private property from public land. 

Those are different issues. In the first instance, the individual is hunting illegally by hunting where a season is not open. In the second instance, he is hunting a legal specie during a legal season. The issue is trespass, not illegal hunting.

[Curly]

actually I didn't say that I wanted to scare it.  I said I would have just scared it if I had shot.  My intent would have been to kill and leave it where it laid.

You are right I misread it. My apologies..

It's all good. 

[kodiak 907]

Once your round crosses the property line you are trespassing.

[bobcat]

So I guess for a trespass conviction the cops would have to somehow dig that bullet out of the ground, otherwise there would be no evidence of the bullet trespassing?

What about hunting geese in a field and every time you shoot your shot ends up on the adjacent property. Are you guilty of trespass?

[Bob33]

So I guess for a trespass conviction the cops would have to somehow dig that bullet out of the ground, otherwise there would be no evidence of the bullet trespassing?

What about hunting geese in a field and every time you shoot your shot ends up on the adjacent property. Are you guilty of trespass?

No, but the goose is getting a big fat ticket.