Hunting Washington Forum
Big Game Hunting => Elk Hunting => Topic started by: D-Rock425 on November 02, 2011, 06:03:20 PM
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If one guy shoots an elk and it runs over a hill and right to another guy and he shoots and drops it then the other guy comes to clam it who has legal rights to claim it.
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I've heard that legally, whoever gets to it first and places his tag on it. That said, if I shot and finished a bull that another hunter had shot, I'd let the guy have it. :twocents:
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Although its unethical IMHO. Legally,The guy that killed it. How was the second person to know that the animal was wounded at all, and not just running after someone had missed? This is what happens when hunting in an area with too many people. (ie: Most of Washington) :twocents:
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Legally,The guy that killed it.
The problem can be determining who that is. If one hunter shoots an elk in the heart, and it ran 50 yards and in its last two seconds of life another hunter shot it in the heart, who killed it?
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Legally,The guy that killed it.
The problem can be determining who that is. If one hunter shoots an elk in the heart, and it ran 50 yards and in its last two seconds of life another hunter shot it in the heart, who killed it?
I completely agree. I didn't say it was right, just the way it is. Would definitely be a bummer to end up this situation.
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If the first shot was a fatal shot, the first hunter should get the elk. If it was only a superficial wound, then the guy who put the second shot in it and killed it should get the elk. Just my opinion, not necessarily the law.
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I've heard that legally, whoever gets to it first and places his tag on it. That said, if I shot and finished a bull that another hunter had shot, I'd let the guy have it. :twocents:
:yeah: I have done that a few times when I was a kid growing up in P.A but when you can listen to gun fire for miles opening morning and a million hunters in the woods then I can see this happening but out here I can not because I would not be anywhere near other hunters ,, Heck this deer season I never saw one hunter in the woods ...That was sweet :chuckle: :dunno:
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I don't know what the legal answer is, I lean towards whom ever dropped it. If an animal is still moving ( walking or running ) and a hunter shoots & kills it, I think it should be the second guys always. That being said if I was the second shooter and the first shot hunter came along, I would probably feel sorry for him and offer the animal up. Mike
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This happened to me on a cow hunt out of Dayton. Walking a gated road, heard the elk coming to the road. Cow stepped out and I hammered her behind front shoulder, she takes off like a shot and doesn't take 10 jumps when I hear BOOM right over my shoulder, scared the poop outta me. Another guy was walking between upper road and dropping down to my road when he hears my shot and see's a running cow and takes his shot. He asks if I hit and I say yes, I ask him and he says yes. $hit. Ok, follow it up, one bullet hole, a through and through, we both claim we were holding behind shoulder. I'm a bit pissed cuz I know damn well I hit it standing broadside at 70 yards, but I kept my cool, ande the guy was pretty nice as well. Oh well, whatta ya do. Flipped a coin, I won. Like to believe that Karma controlled that coin and knew I was the correct owner of that elk.
Now if that elk had two holes in it, I would have told the other guy to pound sand and it was ABSOLUTELY my elk, as we both know who hit it first.
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I've seen some heated arguments over downed game in this "field scenario". Not a good place to be with adrenaline flowing and loaded guns. I think I would yield to the original shooter especially if he was in active pursuit.
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This is a difficult situation. There is usually a logical approach, but not everyone is on the same page in as far as logic goes. I think it boils down to one party yielding, or not. In the "not" scenario, it becomes the property of whoever is bigger. Example: In elk season one year, my friend heard a shot, and a raghorn bull came trotting over the hill towards him. He quickly dropped the elk with a neck shot at about 50 yards. As he was getting ready to gut the elk, 3 guys came huffing and puffing over the rise, screaming for him to stay away from their elk. One of them had shot the elk in a front leg. Their theory was that they drew first blood. My friend (who is quite the scrapper himself) realized quickly that there was no way he was going to win the argument with them, and being outnumber by 3 pissed off guys, he yielded. Any one of those guys would have been no match for my friend, but 3 of them made it out of the question. Even at that, are you really going to roll around on the ground fighting someone over an elk or deer? Or worse yet, point threaten them with your weapon? My friend tried to get a GW involved, but he couldn't get anyone out there in a timely fashion, so he dropped it. (This was years before cell phones)
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Tman has the correct answer. This happens more in Archery then modern unless they use a smaller cal rifle. But the last person to hit it gets it. This is the reason why people say anchor the animal by hitting the front shoulder.
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This happened to me on Sunday morning. I shot a spike bull (bad shot). I ended up shooting back legs off. The bull then went down the canyon, sliding, rolling and trying to stand up. Basically, he was not going to go to far until I caught up to him. I worked my way down the canyon threw the timber and could finally here the spike breaking threw the timber and making all kinds of noise. As I got closer (within 100 yards) I hear a KAABOOOOM!!! Another hunter (2 guys) had walked up on the spike laying down, shot him in the head and claimed it was theirs. They even admitted I was the first one that shot him. Now the spike wasn't going to get away from me, I would have eventually found him when get got to the bottom, but I didn't make the "killing" shot. Long story short, there was two of them and one of me, so I ended up walking out of the canyon with just a picture of the spike. Oh well ....... :dunno:
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We have always done whoever drew first blood. However, that is with friends and family. I guess it depends on where it's hit. If it was a grazing shot and the animal would not have died from it then I say it's yours.
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I know of a guy that got killed over this scenario. He shot a bull and had a confrontation with another "hunter" who claimed he shot it and it was his elk. Long story short, the argument esculated and the one gentleman was shot, killed and left out there only to be found a few days later. This was back in the 90's but goes to show you that in the grand scheme of things, it really isn't worth it even if you know 100% you are the only that killed the animal. :twocents:
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My cousin shot a bull several years ago in the Colockum, nice 2 x 2, when still legal, his first elk. Immediately after I watched him shoot, and stagger the bull another hunter down hill from the bull shot, and the bull fell over. Both hunters felt it was their elk, and there were obviously two bullet wounds, either of which would have been fatal. Very sticky situation, which I ended up being the referee. I suggested the coin flip to settle possession, and my cousin lost. The other guy was happy but not my cousin. I told him not to worry, that we would find another one tomorrow. Fortunately,we did find him a spike the next day, so all ended well, but definitely a touchy situation. I believe in the whoever draws first blood with my hunting partners, but in general it ends up being whoever immobilizes the animal.
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There is no legal answer to this in Washington. Some states have a "reduced to possession" clause which means the person that tags it, owns it, but not in Washington. If you ask an enforcement officer to decide, it's his discretion. Most would rather have the two parties decide it. How can an independent third party determine who "killed" it, who shot first/last, and so forth? If it's a case of a trophy animal, then it could be subject to an extensive investigation.
I believe most would try to determine who made the first fatal hit, but that's not easy.
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We have always done whoever drew first blood. However, that is with friends and family. I guess it depends on where it's hit. If it was a grazing shot and the animal would not have died from it then I say it's yours.
:yeah:
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Man, from the sounds of these stories I'm glad I'm a bowhunter...
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This is an on going topic. I agree with bobcat " If the first shot was a fatal shot, the first hunter should get the elk. If it was only a superficial wound, then the guy who put the second shot in it and killed it should get the elk. Just my opinion, not necessarily the law."
But that is hard to tell sometime and I still see an argument happening most of the time. My dad told me stories of years ago in the Colockum where you should wear running shoes when hunting because when shots were fired people would just run to tag the elk even if they never fired a shot.
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Man, from the sounds of these stories I'm glad I'm a bowhunter...
:yeah:
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Saw this with the same two archers two years in a row in the Colockum, who hunt from fixed blinds. The first year, the second guy to put an arrow into it (both killing shots) claimed it, and got to keep it. The first hunter was unhappy, but mature about it. Second year, exact same scenario, except the second guy agreed the first one should tag it because he had gotten the first elk the previous year.
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If the first shot was a fatal shot, the first hunter should get the elk. If it was only a superficial wound, then the guy who put the second shot in it and killed it should get the elk. Just my opinion, not necessarily the law.
This.
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I've seen some heated arguments over downed game in this "field scenario". Not a good place to be with adrenaline flowing and loaded guns. I think I would yield to the original shooter especially if he was in active pursuit.
I agree with longashes. I would also have in the back of my mind that I shot an animal that was already shot. I'm greedy and don't want my animals to die except from my arrow/bullet!
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I've seen some heated arguments over downed game in this "field scenario". Not a good place to be with adrenaline flowing and loaded guns. I think I would yield to the original shooter especially if he was in active pursuit.
I agree with longashes. I would also have in the back of my mind that I shot an animal that was already shot. I'm greedy and don't want my animals to die except from my arrow/bullet!
I agree with this statement. ^^^^^
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We have always done whoever drew first blood. However, that is with friends and family. I guess it depends on where it's hit. If it was a grazing shot and the animal would not have died from it then I say it's yours.
:yeah:
:yeah:
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You know these situation suck. There is a guy in our hunting camp that lost out on a 5x5 Bull about 12 years ago in Idaho. He was in a tree stand above a wallow and heard a gunshot above him. The bull ran right below him and he shot it right behind the shoulder and it dropped. By time he got to the bull there were three guys that came down to it as well. One of the guys immediately started saying it was his son's bull because he shot it first. Problem was that it only had one hole in it and our guy saw his impact. So since it was 3-1 at the time he ended up giving them the bull and just told them "when your eating this animal just rememeber who really shot it" and left. This guys son also lost a cow in a similar manner. My dad had done alot of scouting early in the season and told him to sit on the road and watch for these elk to appear from nowhere at a certain time as they had for the previous week in the same area. Well sure enough these elk appeared out of nowhere and he shot at one of them. The herd of cows ran parallel through the clearing; just around the corner another hunter shot and shortly after he shot the cow fell. After the animal was down and everyone is trying to figure out who the animal belonged to. The cow only had one hole in it but our guy couldn't remember where he shot from and where the elk was standing. Needless to say they didn't know where to begin looking for blood so it was a fault of his own and the other guy got the elk.
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Legally the individual that drops the elk. Kills it. Not the first one to the animal. That is what starts fights. If i shoot it and it goes 20 yards during its death march, which is common and some other yahoo starts cutting loose on it. He will not be tagging the elk when it hits the dirt.
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My buddy shot a spike bull, and it followed the herd down the hill toward a road. It was lung hit, I was watching the shot. Well the elk drop down across the road and we hear 3 more shots, couple guys on quads shot the same bull my friend did and another one. They tagged them both, but after a heated argument with my friend, the cops were called. The sheriff shows up, both parties explain the situation, the sherif has us walk him to the blood trail leading down to the bull where the other guys shot it. Sherrif tells all of us that there is no doubt my friends shot was lethal and the animal would have expired soon and even though the other guys put the final shot in the animal that it was my buddies bull. He explained that its the first lethal shot even if the animal isn't dead yet. Thats what happened wether the sherif was correct or not. The other guys pulled off their tag and my buddy put his on. It was the last hour, last day of the season in the Coweeman unit back when it was spike only, the bull had only gone about 100 yards from where my friend shot to where the other guys shot.
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Thats what happened wether the sherif was correct or not.
Sounds like the Deputy was kind shooting from the hip. Not that it wasn't warranted or offered a reasonable solution to a situation which could have gotten ugly
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Who ever puts the kill shot in it is legally supposed to tag it.
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Guess that's why I'm starting to hunt more out of state. And I won't get in a foot race for any animal :dunno: :twocents:
