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Poacher question

cedar creek said:
If your dog runs off to another property and doesn't return; you contact the owner of the other property. What do dog owners in the city do when their dog runs away? Certainly they don't go wondering around yards and private property looking for them!
Also there is no law requiring landowners to fence their property. Why should there be? If you are a couple hundred feet on the wrong side of a property line; you have no business being there in the first place! I fail to see any grey area in tresspassing at all. What's your's is your's, and what's mine is mine.
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Actually i believe that if your dog goes on someone elses property you are allowed to go retrieve it.I used to coon hunt and thats what i did.I would always go get my dog and leave.
 
Fishbonker said:
Unfortunately though, the way I read it and from the comments made in the thread an animal has to die and a body part taken for the act to be considered poaching. So animals are not harmed in the natural process of shedding and it would not be considered poaching to take a shed nor would it be considered “stealing” if a shed is considered “timber debris” or “refuse”. So the only protection a landowner has is laws against trespassing.

A trespasser crossing a fence to take a shed is much different than a thief opening your front door and taking a shed. The object being stolen is the same, the place it is being stolen from is different. Why can’t crossing a fence be considered breaking and entering?
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this sums up my thoughts. Just because a deer sheds it antler on your property, doesn't mean that you automatically have ownership of that shed. Say you're party-hunting sheds...whomever finds the antler becomes the owner.

IMO, a "shed-poacher" is really just a tresspasser...and that is the only laws that apply to convicting them.
 
The state defines theft as the intent to deprive property or belongings of another person. In my legal opinion I would say sheds cannot be stolen unless the owner of the property has knowledge of them being in his/her possession.
 
turtlshell said:
this sums up my thoughts. Just because a deer sheds it antler on your property, doesn't mean that you automatically have ownership of that shed. Say you're party-hunting sheds...whomever finds the antler becomes the owner.

IMO, a "shed-poacher" is really just a tresspasser...and that is the only laws that apply to convicting them.
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The problem is that you can tresspass 20 times and you still get the same fine.I know a guy on this sight that caught a trespasser on his farm and the trespasser got a ticket .Then we found out that the last three years he has been selling them on ebay.He made way more off the sheds than his trespass ticket was.What is keeping him from doing it next year?The trespasser isnt hunter,He is just doing it for profit.
 
jclaws said:
The problem is that you can tresspass 20 times and you still get the same fine.I know a guy on this sight that caught a trespasser on his farm and the trespasser got a ticket .Then we found out that the last three years he has been selling them on ebay.He made way more off the sheds than his trespass ticket was.What is keeping him from doing it next year?The trespasser isnt hunter,He is just doing it for profit.
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Until people stop paying the $$$ for the antlers, the problem is going to exist.

The only thing landowners can really do, is police their land. I know it sucks, but people have no shame in doing dumb things to earn a dollar...
 
turtlshell said:
Until people stop paying the $$$ for the antlers, the problem is going to exist.

The only thing landowners can really do, is police their land. I know it sucks, but people have no shame in doing dumb things to earn a dollar...
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Or they could make the fines more drastic each time you get a trespass fine.Even speeders get penalized the more times you get caught.Almost every other crime has more severe penaltys the more times you get caught doing it.Why not trespassing.Just wondering.
 
jclaws said:
Or they could make the fines more drastic each time you get a trespass fine.Even speeders get penalized the more times you get caught.Almost every other crime has more severe penaltys the more times you get caught doing it.Why not trespassing.Just wondering.
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That would be great for revenue, but I doubt it would lessen the amount of criminals. Be thankful that more people don't realize how much money they could "potentially" make selling antlers...because the guy that's risking his life making meth is even smart enough to know that jumping your fence to snatch up a shed is a lot less risky!
 
turtlshell said:
That would be great for revenue, but I doubt it would lessen the amount of criminals. Be thankful that more people don't realize how much money they could "potentially" make selling antlers...because the guy that's risking his life making meth is even smart enough to know that jumping your fence to snatch up a shed is a lot less risky!
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I think shed hunting would be to much work for the lazy meth maker.And who is to say that the guys out there shed poaching isnt the same guys that are making the meth already.
 
jeezticals said:
The state defines theft as the intent to deprive property or belongings of another person. In my legal opinion I would say sheds cannot be stolen unless the owner of the property has knowledge of them being in his/her possession.
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Without permission from the landowner; nobody else should have knowledge of a shed horn on private property. Lets make simple tresspassing a much larger fine; then we can work on the crimminal aspect of what the tresspasser was doing.
 
jclaws said:
Actually i believe that if your dog goes on someone elses property you are allowed to go retrieve it.I used to coon hunt and thats what i did.I would always go get my dog and leave.
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That's what we did coon hunting also. That doesn't make it right. 30 years ago we would coon hunt land without permission, because it was in the same section we had permission. We knew the farmers, and were sure they didn't care. Those days are long gone.
 
cedar creek said:
Without permission from the landowner; nobody else should have knowledge of a shed horn on private property. Lets make simple tresspassing a much larger fine; then we can work on the crimminal aspect of what the tresspasser was doing.
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Well put, I think that's the same thing JClaws and I were getting at...

I think a first offense trespassing should carry a heavier fine,

2nd offense should carry a one-year loss of hunting rights. Add the other "what were they doing" fines on top of it all.

3rd offense tresspass becomes five years loss of hunting rights...and maybe some jail time to think about it.
 
BTW - the "i was looking for my lost dog" trick is a bunch of bull$hit too. I think dogs that run the country-side are no better than cats that run the country-side. 200yds from a dwelling, they're dead!
 
turtlshell said:
BTW - the "i was looking for my lost dog" trick is a bunch of bull$hit too. I think dogs that run the country-side are no better than cats that run the country-side. 200yds from a dwelling, they're dead!
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I totally agree with people that just let there dogs run loose all over the neighbors farms.I was refering to coondogs at night when i said that.I can guarantee that you would have heard my dogs treeing when i went to legally get them.But i have heard of people trespassing and when they got caught they started calling for there invisible dog.
 
jclaws said:
I totally agree with people that just let there dogs run loose all over the neighbors farms.I was refering to coondogs at night when i said that.I can guarantee that you would have heard my dogs treeing when i went to legally get them.But i have heard of people trespassing and when they got caught they started calling for there invisible dog.
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You're right...a coondog doesn't know no fenceline, and you should have every right to retrieve your "property".

I have a problem with some "neighborhood" muts running in my area. I haven't taken a shot yet, but they have cost me some good opportunities. I'm always playing top-predator when a cat comes through, though.:way:
 
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