Would you shoot?

[Team Baze]

So I was hunting in a spike only unit (not a true spike unit) I jumped a elk that was a two point on the right and he had about a 5 inch spike on his left that appeared to be broken off. I chose not to shot because how can I justify to a game warden that it wasn't a 2x2 and I broke off the one side? Two days later a warden saw my brothers elk hanging in camp and came in and checked it. My brother asked her and she said it's a grey area ir would be up to the warden discretion and she would recommend not shooting it. In the end I got another spike and we filled 3 cow tags for a total of 5 elk in camp this season.

[bobdog86]

Any doubt, don't shoot/  My motto, simply not worth it…..I wouldn't leave anything up to a LEO's interpretation. So, for me I probably wouldn't have. Why take a risk on possibly ruining a great trip.

[Big6bull]

I'd let it walk 

[Lucky Eric]

I'd let it walk 

Same here, it's not worth the trouble should someone question it.

[Rick]

What a BS regulation. Technically legal but up to the wardens discretion.  Risking a ticket for being totally within the law. Just make it illegal to shoot an animal with a broken antler in a unit that is antler point specific

[baker5150]

I'm not sure how a warden could give you a ticket since no crime was committed.  What would the ticket be for?  What law would be referenced on the ticket?   

[Hot Lunch]

Every time I hear the word "right" tossed out I cringe. The laws are very clear hunting is a privilege not a right. In this case that should be a legal animal to take. But unfortunately game wardens frequently have to determine the legal status of animals. I have heard of people breaking off extra points, so I am sure the game wardens have to. To avoid a potential conflict I would let the animal walk. Game wardens have the Attorney General backing them and you would have to pay a lawyer if it ends up in court. Simply not worth it.

[JWEBB]

shoot

[The Gobble-stopper]

As I read the laws, it says nothing about not shooting an elk with a broken antler... I am sure that it would be a different story if someone broke it off themselves after the shot. A horn broken off months earlier would look different then one just broken off. I would shoot. And if they took me to court I would submit to a lie detector test. But I personally know a few of the wardens. And they told me there would not be a problem. If that is the way I found the animal... Just my two bits!

[Old Man Yager]

As I read the laws, it says nothing about not shooting an elk with a broken antler... I am sure that it would be a different story if someone broke it off themselves after the shot. A horn broken off months earlier would look different then one just broken off. I would shoot. And if they took me to court I would submit to a lie detector test. But I personally know a few of the wardens. And they told me there would not be a problem. If that is the way I found the animal... Just my two bits!

    meets the legal definition of a spike. And like he said, you can look at the broken antler and see that it's not a fresh break.

[JakeLand]

When I hear people say it's a "PRIVILEGE " I call B.S it's our right to be able to hunt its whether or not you act on it my

[headshot5]

When I hear people say it's a "PRIVILEGE " I call B.S it's our right to be able to hunt its whether or not you act on it my

I understand your feelings, but according to Washington State law hunting is not a right.   It is a privilege they provide the opportunity to partake in. 

 

[toyman2]

Like a couple others have said, it would look different than a fresh break.
If I could clearly see that is was a spike, broken or not, I would have shot.
There should be no issue, and the wardens I know are smart enough to see the difference.
Imo it is legally and morally ok.

[JakeLand]

Ya and if you look how the state runs things you would ? A lot of the decisions they make and why if it was not for us the sportsman whether you fish,hunt trap or? Our wildlife would be in more terrible position our funding ( price we pay for stuff from fuel to tags to meat processing )to everything we spend on when we hunt or fish or whatever with out us there wouldn't be a lot of funding for helping the animals we harvest through out the year enough of this     
    If I could be 100% sure one side was only a spike then I would drop the hammer on him

[elkfins]

I would have shot... in fact, several years ago I killed a 1x2 that after the shot, I found that he had broken off the 2nd point on the right side.  The break was old and rubbed / worn down.  It was pretty obvious that the break was old. When the game warden checked the elk, he asked me "is that an old break"?  I answered truthfully that it was like that when I shot the elk and it appears to be quite old.  He agreed and congratulated me on a good harvest.
I suspect it would be quite hard to replicate the look of an old break.

[Rick]

In this case it looked to be a recent break. The warden that I spoke with said the broken side was likely a 2 or maybe even a 3.  The warden speculating on how many points the broken side originally had tells me the shooter (my brother) would probably end up in court

[mendozer]

5 elk where the heck were you?

[Team Baze]

In the woods

[tgomez]

Better to be safe than sorry and in court with no elk to boot. All signs point to "DON'T SHOOT!"

[GUscottie]

5 elk where the heck were you?

Best question or comment of the night

[WapitiChaser]

Count me in the no shoot crowd. Simply too much at risk for a spike.  I tend to avoid true spike GMU's for that very reason.  Head turned just right,  hidden point,  fresh break and you find yourself tap dancing for the man!

[Jonathan_S]

5 elk where the heck were you?

Best question or comment of the night

My friend killed 5 elk this fall...he drives truck 

[Tbob]

I'm in the no shot category as well.. Just not worth the troubles to me..

[fastdam]

When I hear people say it's a "PRIVILEGE " I call B.S it's our right to be able to hunt its whether or not you act on it my

I understand your feelings, but according to Washington State law hunting is not a right.   It is a privilege they provide the opportunity to partake in. 

 

You cant let the state tell you what rights you have or dont.  Washington state doesn't recognized any rights. They have stolen all our rights and sells them back to us as privelages.  Niether do the feds. We have been denied our rights.

[Muleyslyr]

You did the right thing by NOT shooting. Too many guys shoot first and ask later. I passed up two spikes during archery season in a true spike unit at 8yds! They both had maybe and inch or two of a kicker on one side. Was tough to do but like you, I ended up filling my tag later that evening. Good karma.

[CAMPMEAT]

How could a game warden prove it wasn't a spike ? I'd shoot it.

[Jonathan_S]

   BOOM!

[Jonathan_S]

BTW, this would be a judgment call not a "shoot first and ask questions later"

[boneaddict]

Obviously you made the right choice.   I applaud your restraint

[Rainier10]

If there is any doubt as to if it is legal, how would it be viewed, is it safe, can I make that shot, is it big enough the answer is always don't shoot.  It doesn't matter what someone else would do, if there is any question don't do it.  Now if the question is just to stimulate conversation as to other people's opinion that is different.

In hunter safety we preach that if there is any doubt don't do it.  The other thing I stress is your answer may be different five years from now depending on personal experience or information you have gained from others.

You did the right thing by not shooting.  Down the line given the exact same circumstances you may make a different decision or make the same one.

[Jonathan_S]

If there is any doubt as to if it is legal, how would it be viewed, is it safe, can I make that shot, is it big enough the answer is always don't shoot.  It doesn't matter what someone else would do, if there is any question don't do it.  Now if the question is just to stimulate conversation as to other people's opinion that is different.

In hunter safety we preach that if there is any doubt don't do it.  The other thing I stress is your answer may be different five years from now depending on personal experience or information you have gained from others

You did the right thing by not shooting.  Down the line given the exact same circumstances you may make a different decision or make the same one.

^ this

[Team Baze]

If there is any doubt as to if it is legal, how would it be viewed, is it safe, can I make that shot, is it big enough the answer is always don't shoot.  It doesn't matter what someone else would do, if there is any question don't do it.  Now if the question is just to stimulate conversation as to other people's opinion that is different.

In hunter safety we preach that if there is any doubt don't do it.  The other thing I stress is your answer may be different five years from now depending on personal experience or information you have gained from others.

You did the right thing by not shooting.  Down the line given the exact same circumstances you may make a different decision or make the same one.

I posted the question to see what others would do. I know what I would do and I'd do it everytime I just wanted to hear other opinions. My decision will be the same in 5 years since I've been hunting for 32 years now with a lot of experience.