sixgunner455
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- Joined
- Aug 25, 2006
- Messages
- 3,052
The common law treatment of poaching was predicated on the fact that the animal's were all the property of the crown.
Amen, ATEK. That is what I kept thinking about as I've read this thread - the Crown, in most countries, owned all wild game and would hang a man as a thief for subsistence hunting, regardless of what species it was. The common man did not have the right to hunt, as this was the "Sport of Kings" (and their favored courtiers). Many hunting dog species were developed to assist the common man in sneaking on to royal or noble hunting preserves to get a few birds for the pot.
When people came to North America, the game belonged to whomever could kill or catch it, and this continued in the United States until the market hunting reductions in population in the early part of the 20th century necessitated some game laws be instituted so that wild animal populations could recover. Hunters, the common man of that era, supported this effort, and we continue to do so today, whether we realize it or not, by the taxes and fees we pay when we buy guns, ammo, and pay license fees.
I personally do not feel that poaching is theft. The State does not own that animal -- all of the people do. I do feel that it is wrong, and a crime, because the social compact we live under includes following the laws. The game laws exist to ensure the survival and continuation of those species instead of having them hunted to extinction, like the passenger pigeon. Our social compact as hunters and members of society means that we abide by the game laws because we recognize the good that they do.
If a law is illogical, out of date, or unfair, then we do not have the right to flout that law. Instead, we have a responsibility, also part of that social charter, to work to change the law so that it makes sense, is up to date with current populations of game, is fair, or whatever.
Hanging a person for poaching makes no sense whatsoever. Taking their truck, gun, etc, and anything else they used to poach, banning them from hunting for a period of time or for life, putting them in jail if they are an egregious offender, etc, is pretty harsh. Killing them is completely unreasonable, and an unacceptable level of punishment. That was one of many reasons that people emigrated from Europe so long ago - to escape that kind of autocratic, authoritarian garbage.