POACHERS!!!! What do you think should be legal!!!

[Gideon]

If someone is shooting at a deer that I have in my sights, there is about a 34/36th chance that they are shooting AT me. Unless they are in the 20 degrees of my direct flank they have to shoot at me or around me to hit.

Sounds like they would be putting my life in danger...

Take that as you will.

 

[dennishoddy]

Sorry if I was out of line. It just seems the laws of someone breaking into your house (armed or not) should carry over to your land. It is mentioned on here all the time that the law allows us to defend our homes with deadly force. Seems like it would be equal or even a greater offence in the eyes of the law if a person knowingly entered someones property armed with a high powered hunting rifle.

I was just wanting to here what some of the hunters and land owners here thought.

Thanks,
Kw

Well, there is a lot of difference. You, in one breath are talking about defending your home, and the next breath, you are talking about killing somebody over a deer.
That way of thinking will land you in prison if you ever thought of doing that.
I love my deer hunting, and protect the land like no other, but shooting somebody over it is not gonna happen.
Poachers make me sick to my stomach, and I can't imagine looking at a mount over my fireplace, and thinking "shot from the chevy with a .270 on county road 230", and feel proud of my mount.
Think about what you said, and re-prioritize your thinking for your own good.

 

[Neanderthal]

I poached an egg once, but only cuz I couldn't afford the license.

 

[dennishoddy]

I caught some poachers on my ranch one time. I relieved them of their rifles, told them to call the sheriff and I would be waiting for them at his office.

I DETEST POACHERS!!!!!

Cohiba

I'm kind of wondering how you "relieved them of their rifles"?
Did they willingly give them up or did you have them at gun point?

I know, poaching or not, if somebody said give me your gun, it wouldn't happen.

Also currently, there are no regulations I'm aware of as a land owner, about the distance between signs, etc.
If you know of any please post the actual regulation.

 

[penismightier]

21 OS 1835

A. Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters any such garden, yard, pasture or field, and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. For purposes of this section, "posted" means exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.

 

[dennishoddy]

21 OS 1835

A. Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters any such garden, yard, pasture or field, and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. For purposes of this section, "posted" means exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.

I know this one, but it does not require one to post signs at any specific distance.
There is more than one trespass law in effect, and I suspect it is for discretionary enforcment.

From the ODW:
Landowner Permission

Hunters must obtain permission to enter any posted or occupied land or land primarily devoted to farming, ranching or forestry purposes.

Nothing in this guide shall be interpreted as permitting hunting or allowing access into any area, public or private, without permission from the owners or custodian as required by law.

Consent is not valid for more than one (1) year, unless the owner, lessee, or occupant specifically grants consent for a specified period of time.

This does not require any distance between signs, but it does require one to have consent to enter the land, and the consent is not longer than 1 year.

 

[vvvvvvv]

First let's clear some things up...... I said...."If it were me he should has sent some rapid fire rounds their way." I meant in the way of warning shots to let them know someone else was there watching them. Of course. Only if you knew where the bullet would go. Not blindly fireing toward a public road.

That is still shooting at another person that poses no direct danger to your life or limb. In that case, the poacher would be legally justified returning fire. After all, he is on a public road and therefore somewhere he is legally allowed to be. He heard shots, saw your position, and believed that they were directed at him because the bullets were traveling in his direction.

You would lose either way.

Even then, "warning shots" during hunting season would mean nothing to most people. I hear shots within a few hundred yards of my house quite often, especially around opening day of deer and dove seasons. When I've got the city-folk out here, it's funny to watch y'all flinch, especially at night when the coyotes are harassing the pets and livestock.

 

[Hoorayebay]

If it were me he should has sent some rapid fire rounds their way.

Wow!

 

[V@rmint]

I hate poachers and road hunters too, and there are laws and legal ways to handle these situations if you witness them. I know it sucks if someone else kills that trophy buck that you've been chasing for three years, but we have to remember that just because we own the land doesn't mean we own the wildlife thereon. I take pride in the fact that I'm not just a hunter, but also a sportsman and teach my children to be the same. We should all hunt the way we wish others would and report all instances of violations to the proper authorities. They get paid to investigate and enforce the rules.

 

[Dr. Tad Hussein Winslow]

Good question:

Ordinary walk in poachers: It should be legal to shoot or slash their tires out to keep them from leaving, and then hold them at gunpoint until the law arrives. The fine, along with the cost of the tow and new tires, should make them think twice next time.

Road hunters who shoot from a vehicle, it should be legal to shoot back, as long as you're trying to hit tires or engine block, just to stop them from escaping.

Litterers on public land, should be legal to hold them at gunpoint for the law, also, and get them charged with a $1,000 fine. If they're also trespassing on your land at that moment, then add this fine to the trespass fine.