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-- Trespassing with hounds (http://forums.ukcdogs.com/showthread.php?threadid=241203)
Mark I was told Sat. night by a conservation officer all this. Just because you tell him you have permission to get your dog, well better be true. He did tell me in a situation where you are caught on private property and the warden shows you better hope the owner said you have permission. otherwise thats when you needed written permission. All up to what the land owner wants to tell the officer. If he said I didn't tell him that, well guess what written would have been nice.
This officer was in the Kirksville area too.
At least according to Tim we have the right to get our dogs here in Iowa. Far as Im concerned it should be this way all the time.
All Im saying is my eyes were opened Sat, night by this. I hear more and more people getting fined for trespassing or almost.
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Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
[QUOTE]Originally posted by longshot
[B]I don't believe this is correct..... My understanding of Missouri law is , you have to have permission from the landowner to retrieve your dogs and if he will not grant it , then you call the local sherrif and he will escort you to retrieve them.... Either way you get your dogs... Most landowners will allow you to get them when they find out that the sherrif will do it anyway...
Also , they cannot harm your dogs in any way unless they can prove that they are damageing their property or livestock.
I am not aware of any law in Mo that states that you have to have written permission to hunt.. The only way you can be ticketed for trespass is if the landowner request it. I have been hunting in Mo for 40 years and never carried a written permission slip ever.[Quote]
That is my understanding of the Missouri law, also.
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Bryan , it is possible I could be wrong , I have been before
I really dont think I am wrong about it... If I was you I would call the Mo department of conservation tommorrow and tell them about it and I think they will tell you , there is no written permission law in Mo. I would be curious to know what they say.. Some of these conservation officers have little respect of coonhunters and they should have their feet put to the fire... Let me know if you find out anything....
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Mark Reavis
Southwest Missouri
Dual Grand Champion Super Sambo
We got
a ticket .We were hunting on sandhills gamelands here in NC, THE 5TH of NOV,we had turned loose in a big block and the hound had work a branch all the way through and we knew she was getting close to the feildtrial boundries, so we went around to get her and when we got there she had already crossed.We continued down the boundry road to retriveher and the moment we crossed the blue light came on.With no weapons ready avliable and locator deploied.Well you have weapons and dogs so your hunting feildtrials while closed.WE went to court in Richmond CO,and got to face him there and ask him a few questions and one of mine was dont you know all we were doing was getting the dog up,yes I think thats all yall where doing.Asked if he saw us going to or from a tree on foot with a gun or a coon in possesion and he said no,but in the end we were found guilty in the broad spectrum of hunting.We have sat and talked this over with oneanother and we are going to start to be at these put in to law meetings and see if we can get the state organazations such as NCCHA ,NCFHA,and others to introduce a right to retrieve law for NC,and if not for private land at least for state owned land as the game and feildtrial grounds when closed.45 old hunt since I was 6 YEARS OLD,bought my first sportsman permit at 16,and thought I was going by regulations set fourth by the wildlife commision,but on the broad side of hunting I guess not.
In Minnesota we can on foot enter private property without a firearm to retreive a hunting dog but must immediatly leave when retrieved and cannot take wild game. WE can also enter without permission to get wounded game but have to leave if asked to do so. I still like getting permission wherever I can but it is nice to know I can go get my dog if I need to.
State of MS district 1
I called our district office because I wasn't sure as to what our laws were. In the state of MS you do NOT have the right to retrieve. I always thought you did, but we obviously do not. They told me that if I can prove where my dog is at ( tracking system ) that I must then go to the landowner and ask for permission to retrieve my dog. IF then the landowner refuses me permission to go get my dog I have to call 911, and get a deputy to go with me to get my dog. If the landowner was to go and shoot my dog while waiting on the deputy then I have documented proff of time called for deputy, and the landowner at that time would be charged for malisiouly harming/killing a dog. Felony charges brought against him etc. Most people around my hunting grounds don't care if you go get your dog...as long as you don't tear anything up. I can get permission to coon hunt on foot when other people can't get permission to even walk across people's land. Having a good repuation of taking care of people's property and not hurting anything will go a long way when asking for permission to hunt new grounds as well.
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Casey L Clayton
(662) 523-0375
Mantachie, MS
Hey Bryan J.
This is Chris Waddle. I heard from Flash about your incident. Truth of the matter is, he didn't have permission to be there. He told me that he really didn't want to go there but Jr. insisted on it. I will tell you though, Longshot is right on the money here. If the landowner refuses you permission, you must contact the county Sheriff's Dept. or local Cons. Officer to go in and retrieve your hounds. If the landowner does give you permission, you're to leave you gun @ the truck. Go straight to your hounds and straight back. But usually, if they give you permission to go get them they usually don't mind you shooting a coon out. Unless you run on to a big city deer hunter, and then it's whole new experience. Don't get me started there. Anyway, it was a bad break for you, but if Flash was right, you got the lesser of the 2 tickets. I totally agree about the right to retrieve but don't know if we'll ever see it here. Anyway, how's Dwayne doing ? Just heard about him the other night. Tell him I said hello and to hang in there. I wish him a speedy recovery. Next time you come down, give me a holler and we'll go hunting. With permission !! HaHa Let you see some good black dogs go! Take care Bryan.
quote:
Originally posted by longshot
I don't believe this is correct..... My understanding of Missouri law is , you have to have permission from the landowner to retrieve your dogs and if he will not grant it , then you call the local sherrif and he will escort you to retrieve them.... Either way you get your dogs... Most landowners will allow you to get them when they find out that the sherrif will do it anyway...
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Kevin Mathis
Mud Creek Treeing Walkers
im goin to get my do no matter what the signs say
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Calling the conservation officer may help, Im not sure.
What I do know is I was told by one the other nite that the land owner had to be the one to give permission for you to get your hound. If the conservation officer owns the land then yes he can go with. I didn't ask if he could by himself. I would venture to say no. Just by his remarks to me. And as I stated he did go on to say, you better have written permission just in case the land owner says no he didn't have permission. Good way to get a big fine and a misdemeanor charge on your record.
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Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
Another thought.
Whats the law on turning loose on a driveway in a cemetary? Legal or not? Who owns cemetaries?
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Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
In Missouri, you can get a trespassing ticket whether the land is posted or not. If its posted, or has purple paint, then its a big step up, as far as a fine. Any time you are on someone's land, for any reason whatsoever, you are subject to getting written up, depending on the mood of the landowner.
I learned all this the hard way. I was on land I had permission on, but made the critical mistake of parking a few feet down a field road, off the property I had permission on. The landowner comes along, probably to spotlight deer and sees me parked there and raises holy ned. By the time I got my dog caught and got back there, he had the law coming. I paid a lawyer to get out of it, because I figured if I coonhunted long enough it would happen again and I didn't want it on my record.
Just think about it, it wouldn't take much and coonhunting could be shut down. If you have permission at all the landowners for a mile around, except one that owns 5 acres, then you are taking a chance. A mile each direction is roughly 2500 acres. NOBODY has that kind of permission. If you have no permission at all, you are taking alot bigger chance. Most of us operate somewhere in between those extremes but we're ALL taking a chance everytime we turn a dog loose.
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John you are absolutely right. And as you mentioned the more folks trespass the more running dogs could be stopped. Hate to think about that.
Like you said better have permission all around.
Glad to know at least in Iowa we do have the right to retrieve our hounds no matter what as long as the guns are left at the vehicle. Now just because the law reads this, I still get permission ahead of time.
I sure wish the law was like Iowa's everywhere. Coon hunters don't hurt anything!
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Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
iowa code chapter 716.7 #3
The term “trespass” shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.
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Just so everyone knows, maybe this sounds like I was fined for trespassing. I was not! Glad too!
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Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
quote:
Originally posted by longshot
I don't believe this is correct..... My understanding of Missouri law is , you have to have permission from the landowner to retrieve your dogs and if he will not grant it , then you call the local sherrif and he will escort you to retrieve them.... Either way you get your dogs... Most landowners will allow you to get them when they find out that the sherrif will do it anyway...
Also , they cannot harm your dogs in any way unless they can prove that they are damageing their property or livestock.
I am not aware of any law in Mo that states that you have to have written permission to hunt.. The only way you can be ticketed for trespass is if the landowner request it. I have been hunting in Mo for 40 years and never carried a written permission slip ever.
I will ad one more thing .... When your local sherrif candidates are comming around asking for votes at election time , that is a good time to ask them how they would handle such a situation and then vote acordingly... The local sherrif is the law of the land around these parts and getting one that is hunter friendly is a big plus!!!
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quote:
Originally posted by John D
In Missouri, you can get a trespassing ticket whether the land is posted or not. If its posted, or has purple paint, then its a big step up, as far as a fine. Any time you are on someone's land, for any reason whatsoever, you are subject to getting written up, depending on the mood of the landowner.
I learned all this the hard way. I was on land I had permission on, but made the critical mistake of parking a few feet down a field road, off the property I had permission on. The landowner comes along, probably to spotlight deer and sees me parked there and raises holy ned. By the time I got my dog caught and got back there, he had the law coming. I paid a lawyer to get out of it, because I figured if I coonhunted long enough it would happen again and I didn't want it on my record.
Just think about it, it wouldn't take much and coonhunting could be shut down. If you have permission at all the landowners for a mile around, except one that owns 5 acres, then you are taking a chance. A mile each direction is roughly 2500 acres. NOBODY has that kind of permission. If you have no permission at all, you are taking alot bigger chance. Most of us operate somewhere in between those extremes but we're ALL taking a chance everytime we turn a dog loose.
__________________
Get a Real Stud Dog That Reproduces... Not One that wins a Title himself. But gives you a litter of CoonDogs.!!!
Grand Nite Champion Turpins Stylish Rube.
Sire of World Champion "Insane Jane"
Also another--Hamptons Stylish Jewel Placing 9th in The UKC World Hunt Last Year. She Took Them to 14th Place This Year !!!
http://i254.photobucket.com/albums/hh85/HuntingFamily/100_1125.jpg
"Turpins Stylish Rube" Breeding Females with 400 million live sperm/98% motility
"High Quality Sperm, like His Dad Stylish Hickory Nut Harry" Dr. Kenneth O'Hanlon-All Pets Medical Center, Altus, Ok.
Most recent I could find, FOUR states allow or consider trespassing LEGAL to retrieve hunting dogs (no permission required):
Louisiana
Michigan
Minnesota
Virginia
Most of these specify handler to be unarmed and on foot.
As best I can tell, landowners in all 50 states cannot legally shoot a dog for trespassing or chasing wildlife UNLESS the dog is engaged in harming humans, livestock or property at the time it is shot.
I try to have permission from as much surrounding land as possible for retrieval. If not and it is late, I do NOT wake up landowners (as this can get you a gun in your face or worse), I just walk in and get my dog ASAP and get the heck out of there.
In Ohio, it is almost impossible to NOT end up on non-hunt ground because land is parcelled in small squares, with many landowners live out of town or even out of state, and can take months or years to actually track them down. Farmers leasing the land usually have the right to grant hunt permissions or not, but many will say they do not, so it is more work getting permissions than hunting all night!
But worth it, especially if you keep good reputation, folks will say 'yes' to trespass retrieve nearly 100% of time, some will INVITE us to go ahead an hunt coon too!
I DON'T CARE WHERE MY DOG IS,I'LL GO IN AND GET THEM.
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NT.CH BUCK CREEK NIKKI
BUCK CREEK RAGE
Stewards of our sport
Each and very one of us should know their state laws. Each and every one of us needs to wake up and realize what is on the line.
Trespassing if at all possible should be avoided. Here in Michigan we have the Right to Retrieve ... well at least for a while longer. There are individuals in this state that would love to see the right to retrieve eliminated. There has even been proposals that a dog owner should be able to get a ticket for his dog trespassing.
The days of past are gone. Many people today have what I call a city mentality. They do not understand country living or country ways.
In absolutely no certain terms should the Right to Retrieve be used as a means to purposely trespass.
Each and every time we cut a dog loose we need to step up to the responsibility of being the best stewards of our sport that we can be. If that means knocking on a door, then be it should be done. If it means maintaining your cool in a voilatile situation, then it should be done. Each and every time we interact with the non coon hunting public we need to treat them with the same respect that we demand. We need to maintain polite and calm.
Our rights are ours to lose.
You decide ... we are the minorities.
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Larry Atherton
Aim small miss small
quote:
Originally posted by BRYAN J
Another thought.
Whats the law on turning loose on a driveway in a cemetary? Legal or not? Who owns cemetaries?
__________________
Get a Real Stud Dog That Reproduces... Not One that wins a Title himself. But gives you a litter of CoonDogs.!!!
Grand Nite Champion Turpins Stylish Rube.
Sire of World Champion "Insane Jane"
Also another--Hamptons Stylish Jewel Placing 9th in The UKC World Hunt Last Year. She Took Them to 14th Place This Year !!!
http://i254.photobucket.com/albums/hh85/HuntingFamily/100_1125.jpg
"Turpins Stylish Rube" Breeding Females with 400 million live sperm/98% motility
"High Quality Sperm, like His Dad Stylish Hickory Nut Harry" Dr. Kenneth O'Hanlon-All Pets Medical Center, Altus, Ok.
I was told by a SCDNR officer (as he was writing out my $218 ticket for tresspassing) that a few coon and rabbit hunters are the reason we DON'T have a right to retreive in SC. He said that every time it has come up for vote, something happens that brings negative attention to the few that turn dogs loose wherever they want and hide behind "my dog can't read a posted sign". He told me point blank that if the ones that did happen to get on posted land would get their dog, leave the game, and not make a parade out of it and turn a tree or brushpile into a shooting range, it wouldn't be near as big a problem, but there's too many that have to kill everything they see and won't leave well enough alone.
Re: Stewards of our sport
quote:
Originally posted by Larry Atherton
Each and very one of us should know their state laws. Each and every one of us needs to wake up and realize what is on the line.
Trespassing if at all possible should be avoided. Here in Michigan we have the Right to Retrieve ... well at least for a while longer. There are individuals in this state that would love to see the right to retrieve eliminated. There has even been proposals that a dog owner should be able to get a ticket for his dog trespassing.
The days of past are gone. Many people today have what I call a city mentality. They do not understand country living or country ways.
In absolutely no certain terms should the Right to Retrieve be used as a means to purposely trespass.
Each and every time we cut a dog loose we need to step up to the responsibility of being the best stewards of our sport that we can be. If that means knocking on a door, then be it should be done. If it means maintaining your cool in a voilatile situation, then it should be done. Each and every time we interact with the non coon hunting public we need to treat them with the same respect that we demand. We need to maintain polite and calm.
Our rights are ours to lose.
You decide ... we are the minorities.
__________________
Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
About the written permission.
I didn't mean its the law. It means you better have the written slip signed from the land owner if there is any question. Thats all.
Again that was from a conservation officers lips!
__________________
Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
If everyone would obey land owners wishes maybe the laws would have a better chance to get over turned. We can always hope. The alternitive of loosing our rights doesn't sound good to me.
We all just need to obey laws and give respect to land owners.
__________________
Bryan J.
SAVE THE COON, HUNT WITH A HOUND!
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