Post by: WaHeadhunter on October 25, 2012, 01:04:00 PM
Post by: scout/sniper on October 25, 2012, 01:10:35 PM
Post by: Boss .300 winmag on October 25, 2012, 01:12:06 PM
Post by: WaHeadhunter on October 25, 2012, 01:18:50 PM
yes, a damn good law.
Post by: dbor on October 25, 2012, 01:29:10 PM
Post by: scout/sniper on October 25, 2012, 02:19:29 PM
Does this include everyone that trespasses???? Just wondering... It sounds good if it does...This is a game law and the way I read it is that this particular law applies only when trespassing in the pursuit of game. Other statutes cover trespassing.
Post by: jackmaster on October 25, 2012, 02:29:54 PM
Post by: JackOfAllTrades on October 25, 2012, 02:33:54 PM
QuoteHowever, the new law offers trespassers an avenue for defending themselves against a citation in the case of retrieving game.
An officer can give them leniency if they can prove they made “all reasonable attempts to contact” the landowner for permission to collect the animal so they could avoid breaking the state law that forbids wasting fish or wildlife.
So if the land owner says no, who gets the citation for wasting game?
-Steve
Post by: NoBark on October 25, 2012, 02:36:15 PM
Post by: JimmyHoffa on October 25, 2012, 02:40:50 PM
I believe gammies can use that idea (citing for waste) as a way of getting you onto someones land to retrieve your animal.but under this change to the law, it would be the gamie going to retrieve the animal and not giving it to the poacher (but could give it to a legit shooter).
Post by: BIGINNER on October 25, 2012, 02:43:11 PM
Post by: KyleMB123 on October 25, 2012, 04:51:41 PM
quick question... i know of a certain chunk of land, (huge chunk) that is not posted or fenced or cultivated. and have no idea where to check if i can hunt that land.... could i be cited for tresspassing if i hunt there?
I'm not a lawyer, but I don't believe that a citation like that would hold up in court. If it's not posted, fenced, or cultivated, and the landowner (if there is one) hasn't previously told you to leave the property then you cannot be charged with trespassing or trespassing while hunting. If you really want to know call a lawyer.
Post by: CedarPants on October 25, 2012, 04:59:40 PM
quick question... i know of a certain chunk of land, (huge chunk) that is not posted or fenced or cultivated. and have no idea where to check if i can hunt that land.... could i be cited for tresspassing if i hunt there?
My guess would be that that in today's information age, it would be next to impossible to have no idea where to check for property ownership to obtain permission.
I also understand that wasn't an answer to your question
Post by: Humptulips on October 25, 2012, 08:45:50 PM
quick question... i know of a certain chunk of land, (huge chunk) that is not posted or fenced or cultivated. and have no idea where to check if i can hunt that land.... could i be cited for tresspassing if i hunt there?
You might look up your countys web-site. In my county they have geo mapping where you can zoom in on a property and then clik info and get the ownership, owner address, valuation etc.
Post by: scout/sniper on October 26, 2012, 06:47:36 AM
I own property and would have no issue letting a hunter retrieve wounded game. That being said, land does not have to be posted, all though it should be. It is up to the hunter to determine if they are on private property or not.quick question... i know of a certain chunk of land, (huge chunk) that is not posted or fenced or cultivated. and have no idea where to check if i can hunt that land.... could i be cited for tresspassing if i hunt there?
I'm not a lawyer, but I don't believe that a citation like that would hold up in court. If it's not posted, fenced, or cultivated, and the landowner (if there is one) hasn't previously told you to leave the property then you cannot be charged with trespassing or trespassing while hunting. If you really want to know call a lawyer.
Post by: fireweed on November 02, 2012, 09:07:32 AM
5) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.
My gripe with any strengthening of these trespassing laws is the affects not on farms or ranches, but on private timberland, which covers millions of acres, is not fenced, cannot be "conspicuously posted", changes companies and management often, closes willy-nilly for "fire danger", has different rules for different people, and tries any Permit-lease-or raffle to make a buck of OUR wildlife, all while enjoying huge property tax breaks beaks because of the public benefits they provide.
Post by: huntingfool7 on November 04, 2012, 09:31:03 AM
Post by: jess on November 04, 2012, 09:53:46 AM
Post by: RifleRidge on November 04, 2012, 10:00:19 AM
Post by: jess on November 04, 2012, 10:08:29 AM
Post by: Sitka_Blacktail on November 04, 2012, 10:08:47 AM
Post by: BOWHUNTER45 on November 04, 2012, 10:10:00 AM
Post by: deerslyr on November 04, 2012, 10:21:57 AM
Simple!....KNOW BEFORE YOU GO! Ignorance to the law is no excuse!... :twocents: :twocents:
And theres no such thing as an honest mistake...... :bash: :bash:
Post by: RifleRidge on November 04, 2012, 10:25:56 AM
Simple!....KNOW BEFORE YOU GO! Ignorance to the law is no excuse!... :twocents: :twocents:
And theres no such thing as an honest mistake...... :bash: :bash:
Sadly enough, Its all about revenue!..
Post by: klikboom on November 04, 2012, 11:37:25 AM
Post by: JLS on November 04, 2012, 07:43:33 PM
ok let me get this straight, if you are cought trespassing while hunting of fishing you loose your hunting and fishing RIGHTS for two years? This law is bullsh*t made up by liberals in olympia... I got a trespass ticket a few years ago on land that was not posted and used to be bosie cascade land and was sold unknown to me.. Do you think i should have lost my hunting and fishing RIGHTS ????
The "liberals" in MT have a similar law. You can lose your privileges there for hunting without landowner permission. In WA the suspension only applies if you kill an animal.
Post by: bigtex on November 04, 2012, 07:47:27 PM
ok let me get this straight, if you are cought trespassing while hunting of fishing you loose your hunting and fishing RIGHTS for two years? This law is bullsh*t made up by liberals in olympia... I got a trespass ticket a few years ago on land that was not posted and used to be bosie cascade land and was sold unknown to me.. Do you think i should have lost my hunting and fishing RIGHTS ????
this law does not include fishing, only hunting
Post by: KyleMB123 on November 06, 2012, 02:03:00 PM
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.
Thank you for posting this. As I posted earlier, landowners MUST post or fence their land if it is timber, unimproved, or uncultivated. My stance has always been that if you don't fence or post you don't care about trespassing. It should always be up to the landowner to communicate to would-be trespassers where the border of his/her property is located.
Post by: DBHAWTHORNE on November 06, 2012, 02:32:04 PM
Post by: Bob33 on November 06, 2012, 02:40:25 PM
I agree with the first part of your post, but not the second. It should always be up to the ethical hunter to understand where boundaries are, posted or not. Legally the trespasser can claim this exemption, but ethically it's no excuse in my mind. :twocents:A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.
Thank you for posting this. As I posted earlier, landowners MUST post or fence their land if it is timber, unimproved, or uncultivated. My stance has always been that if you don't fence or post you don't care about trespassing. It should always be up to the landowner to communicate to would-be trespassers where the border of his/her property is located.
Post by: Special T on November 06, 2012, 03:30:35 PM
I think the intent of this law may be good, but likely isn't well written. BTW the road to hell is paved with good intentions.
Post by: Bob33 on November 06, 2012, 03:41:30 PM
Where is the full text on this?http://apps.leg.wa.gov/RCW/default.aspx?Cite=9A.52.010 (http://apps.leg.wa.gov/RCW/default.aspx?Cite=9A.52.010)
Post by: csaaphill on November 07, 2012, 12:06:34 AM
Don't know for sure but with a name like AG Renaissance NW LLC seems like a anti hunting group to me. This land was feel free to hunt a few years ago now it's posted. Pasco is it's location. >:( >:( >:( >:(
Might get permision, but very *censored*ing doubtful.
I see bank of america owns some land around me just north of this location.
Those that love this are blind to the truth This here my friends is the Anti hunting movement in force don't be fooled. :bash:
Post by: Sitka_Blacktail on November 07, 2012, 09:37:20 AM
I see bank of america owns some land around me just north of this location.
Those that love this are blind to the truth This here my friends is the Anti hunting movement in force don't be fooled. :bash:
[/quote]
Yah, good old BOA. I gotta get a new credit card from a different bank. They just reissued my card and it no longer is a Second Amendment Foundation card.
Post by: Special T on November 07, 2012, 09:39:49 AM