Killing roadkill?

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Z

zstephens13

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So I was driving out to the 80 acres I own way out of town to do some shooting and on my way I came upon an accident. A delivery truck had just hit a young bull moose and it was hurt real bad (duh) but not dead. It was flopping its legs and going between lanes of traffic really causing problems. The guy who hit the moose had called the troopers. I stopped to see if he was ok and shoot the moose if i had to.

Is that legal? To kill an animal that is already dying? It was really causing problems with traffic and being dangerous to drivers. Could I have put that poor guy down without legal ramifications?

Thanks

Z
 
Euthanasia of a suffering animal as a mercy killing seems moral, but do you really want to risk the legal troubles that MAY stem from doing so? (I.E. violation(s) of firearm discharge zoning laws, public safety violation/*reckless/negligent* endangerment) I would try to do whatever I can, but as long as I understand that I would be operating within the legal parameters of the local and state level laws (Of which I'm sure cover different mercy killing laws on animals).
 
A lot of times the officers on the scene will just shoot it themselves. They'd rather you leave it to them, though. Keep in mind that shooting on, from, or across a road is illegal, regardless of any other circumstances.
 
Potential problems include discharging a firearm near a public road, and if you take the roadkill you could potentiall be accused of poaching.

However, provided the environment was safe and little chance of richochet and noone around to get hurt (clear away pedestrians, etc.), I'd do a mercy killing. I'd get the drivers number and information in case I was questioned by the cops.

Provided it wasn't a felony, and didn't endanger anyone, I'd put it down and deal with the consequences.
 
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Call animal control, they can tell you pretty quickly as they are very familiar with local ordinances.

In the past I always put one down if I happened across one that was beyond help. Be careful. I hit a deer once, never even made it past the ditch. The poor fella was bleeding from his eyes and all body orifices, as well as having bones sticking out everywhere and spraying blood everywhere. Well, the gentleman that stopped to ask if I needed help never said anything. He did however, report me for animal cruelty as he was an animal rights activist. The fact that I "carelessly, and with viscous malice" brandished a firearm and put the deer out of his misery scared him to the point that "he thought I may shoot him, too."The deer was obviously beyond help...but some animal rights people won't accept that. They would rather let the animal suffer and die a slow, agonizing death so they can sleep better at night. I read his complaint and I had to explain my actions. His point of view was seriously hard to believe.

Edit:: This was a back country road, no houses for miles.
 
I posted a similar question on a UK site.

Saw a deer hit by a car and left with torn back legs/bleeding badly.

moral is to put it out of it's misery as quickly as possible with whatever you have to hand.

Legal is another matter especially over here in the UK.
 
WardenWolf said:
Keep in mind that shooting on, from, or across a road is illegal, regardless of any other circumstances.
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Except, of course, for doing so in the course of lawful self defense.

The two would sort of overlap if a bear, wounded by an automobile, were to attempt to attack me as I bike down the road its on.

Theoretical, of course.
 
I rather doubt it, the troopers, sheriffs, game wardens, and any other law enforcement type can but the normal citizen isn't usually trusted to do this and can be enforced with a fine. I've seen it done.
 
Keep in mind that shooting on, from, or across a road is illegal,
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Check your state regulations. In my state, on or from - is legal.

That being said, I try to do what's moral - in the case of an animal suffering, I'd kill it.
 
They used to shoot wounded horses. It still makes a lot of sense these days.

I see deer that have been hit by vehicles all the time here in Oklahoma. Though I've never seen one suffering, I would kill one if I thought it was suffering.

Woody
 
Al Thompson said:
Check your state regulations. In my state, on or from - is legal.

That being said, I try to do what's moral - in the case of an animal suffering, I'd kill it.
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I agree, even though it's against the law to fire a weapon within 50 yards of a road in Georgia.
 
In Virginia that must be done by law enforcement personnel. The County Police or Sheriff's Office, or the Virginia Conservation Police (Game Warden) have that job. I knew a guy years ago that stopped at an accident (car struck a whitetail deer). He shot the deer to put it out of its misery and was told by the county police officer that he could be charged for it. The charge would have been shooting with in so many feet of a roadway. He wasn't charged but he did learn a lesson. A few years ago I hit a deer and the Albemarle County Police put the deer down. It took at least 4 shots point blank from a 40 S&W to finish that deer. Since you are in Alaska check with your Game Warden or State Police to see if you would be legal in that situation.
 
What about cutting it's throat? that would bring on a relativly quick demise W/out endangering bystanders
 
What about cutting it's throat? that would bring on a relativly quick demise W/out endangering bystanders
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Have you ever actually tried that with a wounded wild animal? I did once and it was an exciting few moments till it bled out. Not a fun thing to do with hooves flying around.
 
In the state where I live the State Police Game Dept (Game Warden) is so picky about shooting a game animal (even badly injured) that as a matter of department policy (sheriff) we called them before we dispatched an injured game animal. If they had an officer in the area they would dispatch them to check the condition of the animal and decide if it was to be dispatched or not. That didn't happen very often and they gave permission over the phone to the deputy to put the animal out of it's misery but it is very hard to let an animal suffer while phone calls are being made. But even police officers don't make that decision here so as a private citizen I would hesitate to do so. If you do kill an injured game animal (and I stress "game animal") and contact the game warden later they will require you to complete a report and send an officer to investigate to determine if it was a necessary killing. I have never heard of anyone being prosecuted for putting an animal out of it's misery but just letting you know it could happen. They get very serious about killing a game animal around here. Each state has different laws regrading mercy killing of game so check with your state to see what their policy/law is.
 
Odds are that this will vary on a state-by-state basis.

I don't know about Alaska; check the laws there...

The reason it's forbidden in many states is that there is the suspicion that an out-of-season kill of a car-wounded animal might actually be a poacher's lie. Shoot a deer/elk/moose and claim to have humanely dispatched it after hitting it with a vehicle.
 
Is that legal? To kill an animal that is already dying? It was really causing problems with traffic and being dangerous to drivers. Could I have put that poor guy down without legal ramifications?
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Well you're in Alaska, so let's look at our code

AS 11.61.210(a)(2), 4th degree weapon's misconduct:
"discharges a firearm from, on, or across a highway;"

Of course highways are pretty few and far between here. But there may also be discharge prohibitions in a muni or borough.

Bottom line--don't do it right next to the Seward Highway with cars flying by. For obvious reasons. It's just not safe and the troopers will get angry.

Do what you can to alert traffic to the hazard in the mean time.

In the sticks, your bigger issue is getting accused of poaching with the car. This is obviated by reporting the incident promptly. Also, under AS 11.61.140 cruelty to animals, there is a specific exculpatory clause for putting an animal out of its misery.

As you probably know, we have a group of volunteers who salvage the meat from roadkills.

Call animal control
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Usually no such thing here. If this is a highway, call the troopers.
 
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I've done it a couple of times, seen someone pulled over because they had just plowed a deer, but it was on isolated stretches of I-15. I pulled up behind a German guy in a rented car, he was panicking because he was worried about the rental car and the deer, he thought he would be in trouble for both. I calmed him down, called the county sheriff, they got a CO on the line, I told him it was a small buck with a broken back, I was able to put it down, he said he was two hours away and to go ahead, it was easier than having a cop fill out a firearm discharge report. I asked him if I needed to call next time, he said probably not. If the animal is injured badly enough that it can't run away, it isn't going to survive anyway. Then I showed the guy his rental agreement where he was covered for pretty much everything, he felt a lot better. Of course it led to a conversation where he was amazed that I had a gun and I could get away with such things.
 
"...Killing roadkill?..." Road kill is already dead. snicker.
"...hooves flying around..." That can hurt you severely.
Up here, if you hit a deer with your vehicle and lots of 'em are hit, you have to report it to the local MNR office, but you can keep it. The insurance companies are paying millions in claims.
Our local cops cannot shoot it and neither can any other civilian. CO's are few and far between. Some of 'em are armed, but in the areas with heavy deer/vehicle collisions, they're aren't many and they don't go out to deer/vehicle collisions.
Mind you, there's no CCW or having a firearm in your vehicle unless you're hunting or going to or from your shooting club.
 
Hit a deer while growing up in Utah, thankfully it was Dead on Impact. Back in S. Cal we were commuting to work one morning and drove by a coyote that had had his rear half run over by something big. This guy was stuck firm to the asphalt. Front legs were trying unsuccessfully to drag him along and he was making an awful din. My brother and I pulled over and dispatched him w/ a crowbar. It took more than one swing. Really bad day; and I remember it far more clearly than I would care to. Up here in AK it's like Cosmo said- It would really depend on where it took place. I don't like to see an animal suffer, but I'm not going to appear on COPS for shooting a wounded moose in the middle of the rush hour morning commuter traffic from the Valley to Anchorage.
 
gotgcoalman said:
I posted a similar question on a UK site.

Saw a deer hit by a car and left with torn back legs/bleeding badly.

moral is to put it out of it's misery as quickly as possible with whatever you have to hand.

Legal is another matter especially over here in the UK.
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No way, they'd have your head for it, here and in the UK.
 
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