Legal question

[bobcat]

Huntingfool7- I think you're right!

[Curly]

Huntingfool7- I think you're right!

Except that in the location in question, the shot would have happened from within the road R/W but well off the maintained portion of the roadway so that law wouldn't apply in this case.

[bearpaw]

I'm trying to decide what sounds better?

yote shishkabobs, dog pot pie, canine jerky, howling burgers, or growling backstraps! 

[huntingfool7]

Thanks Bobcat!  Sure wish I could get the wife to say that.    Really....

[Woodchuck]

I'm trying to decide what sounds better?

yote shishkabobs, dog pot pie, canine jerky, howling burgers, or growling backstraps! 

Hotdogs!!! 

[bearpaw]

I'm trying to decide what sounds better?

yote shishkabobs, dog pot pie, canine jerky, howling burgers, or growling backstraps! 

Hotdogs!!! 

Oh yeah, an old time favorite, hotdogs, now commonly made from coyote lips and anus rather than beef lips and anus. 

Another option might be "yodeling meatballs" 

[huntingfool7]

Huntingfool7- I think you're right!

Except that in the location in question, the shot would have happened from within the road R/W but well off the maintained portion of the roadway so that law wouldn't apply in this case.

Can you back that up?  Or is that your best guess?  So are you leaning on the guys fence post when you take the shot?  Do you know that fence post is the property line?  From your description, it sounds like your feet might be trespassing in this particular case.
Negligent discharge of a firearm, shooting from a roadway (negligently) or trespassing.  Sounds like 2 out of 3 would apply in this case.  I've said more than once on this forum that a guy should always fight a citation (mostly referring to traffic stuff).  I don't see a reasonable argument for the Judge in this case. 

I believe the glove fits!

[huntingfool7]

Sorry, I'm in a funny mood today.   

[Bob33]

It's already been stated, but bullets can trespass. It would be tough but not impossible to prosecute.

http://www.dallastexaslaw.com/articles/NOTRESPS.pdf

To be guilty of civil trespass, a person does not have to do any actual harm to the other's property, just interfering with the property is sufficient. Interfering can be entering onto the land, or causing something to enter onto the land, remaining on the land, or letting something remain on the land.
The most common type of trespassing is just to enter the property, such as walking on the land or hunting on the land. But you can be a trespasser without setting foot on the property. If you throw rocks at a house or a bullet goes across the land, you are letting something enter onto the land.

http://blog.lawinfo.com/2011/05/05/can-someone-trespass-on-your-property-if-they-never-touch-the-ground/

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.

[Curly]

Well, look at it this way.......what if someone threw a hot dog onto the property.  Could you get cited for trespassing or littering?  I don't think any officer could stretch that into a trespassing case but I could see a littering citation if the officer was so inclined.  How would this be any different just because it is a projectile going faster than a hand thrown hotdog?     

And yes huntfool7, I can back that up.  I never took the shot, but if I had I likely would have shot from the other side of the ditch and prior to the fenceline. I would likely have used some trees for a rest that were on the other side of the ditch.   And yes, the fence is the R/W line as far as anyone would care.  I don't think a survey needs to be done to decide this what if scenario.     How can you say that from my description my feet would be trespassing?   

Can you back that up?  Or is that your best guess?  So are you leaning on the guys fence post when you take the shot?  Do you know that fence post is the property line?  From your description, it sounds like your feet might be trespassing in this particular case.
Negligent discharge of a firearm, shooting from a roadway (negligently) or trespassing.  Sounds like 2 out of 3 would apply in this case.  I've said more than once on this forum that a guy should always fight a citation (mostly referring to traffic stuff).  I don't see a reasonable argument for the Judge in this case. 

[Bob33]

BIGFOOT.

Now maybe this thread can get to 100 pages.

[Curly]

BIGFOOT.

Now maybe this thread can get to 100 pages.

Thread killer!