Hunting question for discussion

In Florida all private land is posted. No signs or orange paint on posts or any other form of posting is needed. Unarmed trespass is a misdemeanor; armed trespass is a felony punishable by a year in jail, a big fine, and loss of hunting privileges. "Armed" is defined as any weapon even a bow or possibly a slingshot. I doubt they would get a conviction on a slingshot but the law is all-inclusive.

Written permission from the landowner must be on your person to hunt legally.

I am not sure what the legality of dragging a dead deer under the fence is but surmise that permission is needed.

BigBore44 said:

Buck460,
In our state if its not posted its accessible. That came straight from a warden friend of mine a couple weeks ago when I called him about some poachers.

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Again...this is why I continue to state that one NEEDS to know the laws of their state. Giving suggestions when you do not know the local laws or taking suggestions from folks that do not know the laws is pure foolishness. In any case.....in any state, the best solution is to talk to the adjacent landowner BEFORE the situation arises. From there you must abide by the laws of your state, regardless of what the state next door says is legal.

I too am not one to see game go to waste, and one does need to make every conceivable effort to retrieve a wounded animal. My point is that the retrieval of an animal does not justify breaking the law. Here in Wisconsin, trespassing, even while hunting, is not handled by Wardens. It is handled by County Law enforcement. So interpreting a trespassing justified because of retrieval of game is not something they make a judgement on. If the landowner signs a complaint, you go to court. Period. If it's found you entered the property without permission for any other reason than life or death, you're probably gonna be found guilty. It's not a law I like, but it is a law I abide by and suggest others in the same boat to do likewise.

As to finding landowner info: here in Minnesota, you can go to the county land offices and request a current plat map of the county. It will have complete info of public and private land (with landowners info) with boundary lines, as recorded via deed registrations. The info is generally fairly accurate.

I'd be surprised if most states didn't have something like that.

Where "I" live, if you shoot a deer and it runs on MY property, you better be finding me and asking permission to retrive it. If you dont, and i see you, you WILL get run off no matter what you try to tell me! That's the law here, and i'm going to hold you to it.

Once i run you off my property, i don't have to give the deer to you..... I can tag it and keep it, even if it was you that shot it.

On the other hand, if you come over and introduce yourself, and accurately explain the situation, i'll help you get it out and it will be a lot less dragging for you.

DM

In my old state of Md, I wouldnt bother trespassing to ask. Just call the warden for retrieval help, too many 2A anti's and PETA members to deal with. In VA where I hunt now, all neighbors have given retrieval permision (unarmed). That situation is one of the few times where I would involve the police since the risk is all yours if you dont.

I know my neighboring property owners, and I call before season starts every year and make sure it is OK for me to pursue/retrieve something I shot on my property. They always say "of course" and thank me for letting them know I will be out there. I also keep an eye out for poachers on one guys place, and he does the same for me. Getting to know the neighboring property owners is the best way go about it in my opinion.

One of the answers I get is to leave your rifle on the public land, so you are NOT hunting, and go onto the private land to retrieve your game. The primary directive is that the game not be wasted.

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Do not leave your rifle unsecured on public land. That would violate other CA laws.

Second answer: find the land owner and/or land manager and seek permission to retrieve the game. (Here in California deer season starts in August when the weather may still be hot).

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Section 2016 would indicate that if the land is posted, you may not enter in California without permission.

2016. It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by waters flowing outside the established banks
of a river, stream, slough, or other waterway, where signs
forbidding trespass or hunting, or both, are displayed at intervals
not less than three to the mile along all exterior boundaries and at
all roads and trails entering those lands, for the purpose of
discharging any firearm or taking or destroying any mammal or bird,
including any waterfowl, on those lands without having first obtained
written permission from the owner, or his or her agent, or the
person in lawful possession of, those lands. Signs may be of any size
and wording that will fairly advise persons about to enter the land
that the use of the land is so restricted.

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here in idaho it is laid out plain and simple.

in order to be considered trespassing land must be either be:
1. cultivated field
2. marked every 660 feet with a LEGIBLE no trespassing or sign OR with at least 10x10' blaze orange. if marking fence posts the entire post must be orange or otherwise contain at least 100 square inches of orange.

if it fits that criteria you are trespassing, if not, you are not.

No person shall wound or kill any big game animal without
making a reasonable effort to retrieve it and reduce it to
possession. It is unlawful to enter private property that is
posted, cultivated or in irrigated pasture without landowner
permission to retrieve game

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so by my states definition, I can go over and retrieve my animal IF it is not posted and IF it is not cultivated or irrigated.