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What is NC Right to Retrieve Law?

What is the current law for retrieving your dogs from posted and none posted land in NC?

Right to retrieve law

If N.C. is anything like Va.,(and I'm pretty sure it is),it means if your dog goes on to posted property,you can enter said property w/o permission to retrieve your dog only and leave this property as soon as dog is retrieved.And you may NOT carry a firearm with you in doing so.
Rob Gregory

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Robert Gregory
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From what I get out of this article http://www.whiteville.com/articles/...bd828119626.txt
You can still go on posted grounds, with a loaded firearm, to peacefully retrieve your dog then immediately leave the property.
Here in Missouri, by law we have to notify the land owner. If he says no, you have to call the game warden/sheriff's office to have them come out and accompany you. In thirty plus years have really never had a problem, although I been cussed at a few times for the dogs waking someone up.
If I know the person real well, I'll go retrieve my dogs if it is real late, if it is early I'll let them know what I'm doing.
If I don't know them, I'll always let them know, unless it is real, real late. I carry a county plat map in the truck that list all the landowners names and a phone book.

With the right to retrieve law and the written permission law, I wish they would put it layman terms for all to understand.. I'm still lost but I've always went and got written permission to hunt and never had any trouble going to get my dogs.

The ones I've heard complaining about ether law and have had run ins with the sheriff or game warden are constantly some place they shouldn't be.. If the laws will help keep trespassers out of my spots, then I'm all for it
I know several that will turn loose anywhere they see fit with out a care in the world and then want to complain about being met by a mad land owner or the law..In the end, they get what they deserve.

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tresspass

If I am remebering correctly, u can NOT enter property without written permission or getting verbal permission from the lnd owner. I hunt dogs, both coon and deer, and if a dog enters property we do not hav permision to enter we have to get permission first, or notify local authorities and be escorted. You can NOT carry a weapon onto the property unless wounded game is present, and then u still need owners permission. If I have remembered this correctly

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I do not know of a right to retrieve law in N.C.

Stand corrected, you may not carry a firearm when retrieving the dog, here is the statue:

It is not a violation of this subsection to enter upon the land of 35 another without having written permission to hunt as required by this subsection for the sole 36 purpose of retrieving hunting dogs that have strayed onto that land, provided that the land is 37 neither posted in accordance with the provisions of G.S. 14-159.7 or enclosed by a fence and
A BILL TO BE ENTITLED
*S374-v-2*
General Assembly Of North Carolina Session 2011
1 provided that the hunter does not carry a firearm, bow and arrow, or crossbow onto the land or 2 operate a motor vehicle on the land. 3 (d) Violation of this section is a Class 3 misdemeanor. Notwithstanding the provisions 4 of G.S. 15A-1340.23, a second or subsequent violation of this section within three years is a 5 Class 2 misdemeanor punishable by a fine of at least two hundred fifty dollars ($250.00) and 6 the loss of hunting privileges for a period of 12 months from the date of the conviction.

So if the land is not posted a right to retrieve exists but if it is posted, a right to retrieve does not exist!

Now keep in mind that the law changed this year about posted land.. You do not only have to use posted signs but a purple paint mark on the line is also accepted..

A state wide written permission law also went into affect and you have to have your permission on you while hunting.

I don't know if the new laws are listed in the booklet you get with your hunting license or not but if any of you can find it on the net, please post it. Everything I know was told at our last coon club meeting and also heard by a warden but he didn't talk like he was for sure...

__________________
BACKWOOD'S SUPPLIES
Supplies for the Coon Hunter and his Hound.
BILL TIPTON
bwsupplies@aol.com
704-791-7751
36479 NC HWY 49
New London, NC, 28127
President of the SBA
Member of the BBOA & BBCHA
https://www.facebook.com/pages/Backwoods-Supplies/167389623298613

Found These...

http://www.carolinapublicpress.org/...posted-property


http://www.whiteville.com/articles/...bd828119626.txt This one speaks briefly about retrieving your dog...

http://www.northamericanwhitetail.c...aw_debate_1009/

http://www.ncsportingdog.org/index.htm

I still didn't find much on that flat out tells you the right to retrieve law..

__________________
BACKWOOD'S SUPPLIES
Supplies for the Coon Hunter and his Hound.
BILL TIPTON
bwsupplies@aol.com
704-791-7751
36479 NC HWY 49
New London, NC, 28127
President of the SBA
Member of the BBOA & BBCHA
https://www.facebook.com/pages/Backwoods-Supplies/167389623298613

http://www.ncwildlife.org/News/News...01/Default.aspx

thats the new land owner protection act

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THE FIREFIGHTERS PRAYER




When I'm called to duty God
wherever flames may rage
give me strength to save a life
whatever be its age


Help me to embrace a little child
before it is too late
or save an older person from
the horror of that fate


Enable me to be alert
to hear the weakest shout
and quickly and efficiently
to put the fire out


I want to fill my calling and
to give the best in me
to guard my neighbor and
protect his property


And if according to your will
I have to lose my life
bless with your protecting hand
my children and my wife.

quote:

---

Originally posted by BWSupplies
Now keep in mind that the law changed this year about posted land.. You do not only have to use posted signs but a purple paint mark on the line is also accepted..

A state wide written permission law also went into affect and you have to have your permission on you while hunting.

I don't know if the new laws are listed in the booklet you get with your hunting license or not but if any of you can find it on the net, please post it. Everything I know was told at our last coon club meeting and also heard by a warden but he didn't talk like he was for sure...

---

The simple way to get written permission is to make your own forms and simply leave the name and date blank. Also put on your forms that the hunter holds all physical and economical responsibility for injury to himself, his equipment, and dogs. It can be worded different but it makes the landowner feel like they have an insurance policy that will protect them from you trying to sue them if you get hurt. Don't go overboard with the form. It should be short and sweet and have a spot at the end of your typed version for the landowner to hand write any extra provisions to the agreement. They may want to put an hours of usage, vehicle limitations, or number of guests you are allowed to have. Always put in the agreement any guests will have a signed and dated permission form with them good for that date only, signed and dated by you.

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-- Theodore Roosevelt



Brian Teague 252-649-3050

A friend of mine had some business card size slips made and they have a place for your name, date , land owners name & year permission is for and has the whole back for notes...

Does anyone know if you add group to your permission slip will be acceptable or not for guest that are with you ??

__________________
BACKWOOD'S SUPPLIES
Supplies for the Coon Hunter and his Hound.
BILL TIPTON
bwsupplies@aol.com
704-791-7751
36479 NC HWY 49
New London, NC, 28127
President of the SBA
Member of the BBOA & BBCHA
https://www.facebook.com/pages/Backwoods-Supplies/167389623298613

quote:

---

Originally posted by nccoonhunter197
The simple way to get written permission is to make your own forms and simply leave the name and date blank. Also put on your forms that the hunter holds all physical and economical responsibility for injury to himself, his equipment, and dogs. It can be worded different but it makes the landowner feel like they have an insurance policy that will protect them from you trying to sue them if you get hurt. Don't go overboard with the form. It should be short and sweet and have a spot at the end of your typed version for the landowner to hand write any extra provisions to the agreement. They may want to put an hours of usage, vehicle limitations, or number of guests you are allowed to have. Always put in the agreement any guests will have a signed and dated permission form with them good for that date only, signed and dated by you.

---

quote:

---

Originally posted by intellectualist
The N.C DNR has a form on their website that can be printed. Simple enough. Most land owners that I have encountered who will give permission to hunt but not written permission could care less how the form is worded. They just will not do it!

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quote:

---

Originally posted by hopm
And verbal don't mean nothing to the game warden......fined, 10 day suspended sentence, and 6 months probation for no written permission....in a location I had hunted better than 30 years and one of those places where,"no I don't mind if you hunt, but my lawyer has advised I not give written permission due to the liabilities that may be incurred."

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374 did not pass

This post is causing some confusion, NC Coonhunters Assn supported SB374 which required written permission (as did 6 other bills all presented this year). However it DID NOT PASS. Therefore there is currently no right to retrieve currently in NC.

The final bill that passed was HB 762 "An Act to Protect Landowner Rights"
http://www.ncga.state.nc.us/Session.../PDF/H762v6.pdf

This bill requires written permission to enter onto posted land, and states that land can be posted by signs or paint (purple paint at least 8 inches long).
1. If land is posted with paint or signs you can be immediately cited for trespass even for retrieving your dog. Remember that just like speeding tickets, sometimes the officers work with you and other times they do not, but per the law you can be cited.
2. If land is not posted you can be questioned, the officer will need to pursue obtaining a warrant and that will normally require speaking to the landowner or leasee. If there is a case the warrent will then be served for trespass.
I wish there was a right to retrieve in NC, access to land, in my area is becoming a huge issue, I wish the version with retrieve had passed but it did not.

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quote:

---

Originally posted by hopm
And verbal don't mean nothing to the game warden......fined, 10 day suspended sentence, and 6 months probation for no written permission....in a location I had hunted better than 30 years and one of those places where,"no I don't mind if you hunt, but my lawyer has advised I not give written permission due to the liabilities that may be incurred."

---

Re: 374 did not pass

quote:

---

Originally posted by Chris Herring
This post is causing some confusion, NC Coonhunters Assn supported SB374 which required written permission (as did 6 other bills all presented this year). However it DID NOT PASS. Therefore there is currently no right to retrieve currently in NC.

The final bill that passed was HB 762 "An Act to Protect Landowner Rights"
http://www.ncga.state.nc.us/Session.../PDF/H762v6.pdf

This bill requires written permission to enter onto posted land, and states that land can be posted by signs or paint (purple paint at least 8 inches long).
1. If land is posted with paint or signs you can be immediately cited for trespass even for retrieving your dog. Remember that just like speeding tickets, sometimes the officers work with you and other times they do not, but per the law you can be cited.
2. If land is not posted you can be questioned, the officer will need to pursue obtaining a warrant and that will normally require speaking to the landowner or leasee. If there is a case the warrent will then be served for trespass.
I wish there was a right to retrieve in NC, access to land, in my area is becoming a huge issue, I wish the version with retrieve had passed but it did not.

---

Re: 374 did not pass

quote:

---

Originally posted by Chris Herring
This post is causing some confusion, NC Coonhunters Assn supported SB374 which required written permission (as did 6 other bills all presented this year). However it DID NOT PASS. Therefore there is currently no right to retrieve currently in NC.

The final bill that passed was HB 762 "An Act to Protect Landowner Rights"
http://www.ncga.state.nc.us/Session.../PDF/H762v6.pdf

This bill requires written permission to enter onto posted land, and states that land can be posted by signs or paint (purple paint at least 8 inches long).
1. If land is posted with paint or signs you can be immediately cited for trespass even for retrieving your dog. Remember that just like speeding tickets, sometimes the officers work with you and other times they do not, but per the law you can be cited.
2. If land is not posted you can be questioned, the officer will need to pursue obtaining a warrant and that will normally require speaking to the landowner or leasee. If there is a case the warrent will then be served for trespass.
I wish there was a right to retrieve in NC, access to land, in my area is becoming a huge issue, I wish the version with retrieve had passed but it did not.

---

I read the bill and found this "It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest."
SECTION 2. G.S. 14-159.7

This tells me that you can be cited for not having written permission but you can successfully defend your case if you do indeed have verbal permission.
You would probably have to have the land owner testify on your behalf.

quote:

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Originally posted by intellectualist
I read the bill and found this "It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest."
SECTION 2. G.S. 14-159.7


You would probably have to have the land owner testify on your behalf.

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NC houndsman have NO rights to retrieve dogs. Per NC dnr I spoke with back in the spring. And that is who will be enforcing the law.

Just go get your dang dogs!

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