Estate deer escapee

[csi-tech]

So I have a deer that has been following me around and I have given him corn. Our property touches a high fenced/Estate hunting operation that only the well heeled are allowed to traverse. The deer looks to be growing into a 200" inch monster or better. He has a yellow tag in his ear with an 802 on it. He is already overgrown and rocks his head side to side because he's a genetic mess. A huge oak tree demolished our adjoining fence, that's how he came over. I will heave a bag of corn over my back in a couple of weeks and he will follow me back. I will then mend the fence and send the genetic engineers a bill as the tree was on their side.

If I shot him instead, would I hold the state record?

 

[MUP]

I'm not sure about the record thing, but you would be taking a mature, big buck out of "someone's" herd, and that would be one less for next year.

 

[Diehard Hunter]

You would likely find yourself in a lawsuit because you killed someone's livestock. What state are you in?

 

[Jcalder]

This has happened before. I think the guy that killed the deer was a teenager. Knew it had escaped and hunted the area.

http://www.fieldandstream.com/blogs/fie ... nster-buck

Big or small, kill em all

 

[WGK]

This thread is useless without pictures.

 

[TN Whitetail Freak]

If a deer is known to be a penned deer then it shouldn't qualify for any Fairchase records that's my opinion

 

[redblood]

This thread is useless without pictures.

I agree

 

[Snake]

If a deer is known to be a penned deer then it shouldn't qualify for any Fairchase records that's my opinion

Well label me whatever if something like that roamed my hunting property it'll get shot !!! :stir:

 

[TboneD]

This has happened before. I think the guy that killed the deer was a teenager. Knew it had escaped and hunted the area.

http://www.fieldandstream.com/blogs/fie ... nster-buck

Big or small, kill em all

Although I'd never shoot a deer with a tag in his ear, I don't fault the young man in that story at all. It could've been a lot worse. He could've been hunting the buck behind a fence, knowing full well he'd have to give someone almost 20 G if he shot the big one. Disgusting.


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[Vince]

I will then mend the fence and send the genetic engineers a bill as the tree was on their side.

Good luck with that unless you have proof asking them to remove the tree due to it falling over to your side. This is what my and my neighbor's homeowner's insurance companies told me when my neighbor's tree limb fell over on my fence in a storm. I had to remove the limb and fix fence by myself...

 

[KPH]

During the season if on my hunting lease I would shoot it in a heart beat. A tag in the ear had better be darn big for me to see it and wouldn't probably matter if I did see it.

 

[Snake]

During the season if on my hunting lease I would shoot it in a heart beat. A tag in the ear had better be darn big for me to see it and wouldn't probably matter if I did see it.

Tag or not but with a tag he would be easier to see :D

 

[fairchaser]

If someone's cow wandered onto your property would you have the right to shoot and eat it? I don't think so!

 

[TheLBLman]

If someone's cow wandered onto your property would you have the right to shoot and eat it? I don't think so!

But then, there is no open hunting season on cattle. :)

I don't think the owner of that escaped buck would necessarily have much legal recourse if someone shot "his" buck during an open deer season. It would have to be proven that the person doing the shooting knew he was shooting an escaped captive.

 

[fairchaser]

If someone's cow wandered onto your property would you have the right to shoot and eat it? I don't think so!

But then, there is no open hunting season on cattle. :)

I don't think the owner of that escaped buck would necessarily have much legal recourse if someone shot "his" buck during an open deer season. It would have to be proven that the person doing the shooting knew he was shooting an escaped captive.

Once you saw the tag, wouldn't you have a legal responsibility to notify the owner that you "mistakenly" shot his buck? That might clear you of wrongdoing but he still could file a civil suit to seek compensation. Very likely he would request the rack back. Is all that worth killing a big buck, a tame one at that?

 

[TheLBLman]

Once you saw the tag, wouldn't you have a legal responsibility to notify the owner that you "mistakenly" shot his buck? That might clear you of wrongdoing but he still could file a civil suit to seek compensation. Very likely he would request the rack back. Is all that worth killing a big buck, a tame one at that?

Correct. Just saying the owner would not get any compensation, other than the rack back, provided the shooter claimed he didn't see the tag and didn't realize he was shooting an escaped captive. It's very plausible that many hunters would not notice that tag until after they had killed the buck.

 

[DCOOK223]

If someone's cow wandered onto your property would you have the right to shoot and eat it? I don't think so!

Wander if it would taste like a cow because of all of that feed it has been eating...

 

[KPH]

If someone's cow wandered onto your property would you have the right to shoot and eat it? I don't think so!

Cows don't have a hunting season, deer do.

 

[RobbyW]

Same question as the oringnal one, but what if I was walking next to his fence with snips and tripped and fell and cut a section out. During the fall I hit my head so I forget to tell him. And his big boys get out. Legal there? :)


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[rem270]

I would love for someone to try to do something to me if i shot a "high fenced" deer that had escaped. I own the freaking land and deer have a season so i would be doing nothing wrong. Not my problem i shot one of your $50k deer. I would offer up a replica mount to the owner for $25k and hope we could shake hands.

 

[Diehard Hunter]

"Broussard said Trahan and the ranch employees have been great about the situation. In most cases, hunters who shoot tagged deer must reimburse the owner for the amount of the animal, and may be asked to return the kill. In this case, however, Broussard said Trahan was thrilled that she was the one to shoot it — he even allowed her to keep the deer, which is currently at Steve German's Taxidermy Art in Westlake, La. The buck will soon be mounted at Broussard's home."

http://www.petersenshunting.com/uncateg ... louisiana/


Y'all can bat it around all you want. If you shoot it, you have just taken someone else's property and the law is on their side! No different than mistaking that Jersey calf for a deer. You would pay for the calf too!

 

[WRbowhunter]

I'm just confused on why you would want to shoot it. If its following you around then its pretty tame. In this case is there any difference in what side of the fence the deer is on? For those that don't mind shooting a deer in a fence more power to you. If that what makes you happy then go for it. But I don't think we can bad mouth all these "hunters" then turn around and say if one of those tame deer escaped they would shoot it. just my 2 cents

 

[TheLBLman]

Y'all can bat it around all you want. If you shoot it, you have just taken someone else's property and the law is on their side! No different than mistaking that Jersey calf for a deer. You would pay for the calf too!

GENERALLY SPEAKING, I would agree about the law, but we're not talking about mistaking a Jersey calf for a deer.
I'm talking about shooting a deer during a legal deer season by a hunter who is legal to be deer hunting.
In the context of an open deer season, and a hunter NOT seeing that ear tag, and that hunter believing he was shooting a wild, free-roaming deer, the law becomes on "his" side when his actions are judged by a jury of his peers.

I am agreeing, the law is initially on the side of the owner of the captive deer, and would remain there if the shooter knowingly shot his escaped captive deer. Just saying it COULD be very easy for a legal hunter to have no reason to believe he was shooting anything but a truly wild deer when he pulled the trigger.

I'm just confused on why you would want to shoot it. If its following you around then its pretty tame.

You wouldn't want to shoot it, if you knew it was a "tame" deer (or at least most hunters wouldn't).

But what if you were hunting a WMA, and the buck of a lifetime comes chasing a hot doe by you at first light, you shoot, simply believing you've killed the buck of your lifetime. Have you done anything wrong, provided you didn't know in advance you were shooting an escaped "tame" deer?

Even if we were talking Jersey cows, if your Jersey cow escapes its fence, and I accidently run over it on the highway, the owner of the cow becomes liable for my damages. The cow, like the deer, was in a place it shouldn't have been.

 

[bandit3]

I don't like the whole idea of pen raised deer, elk, exotics or anything to "hunt". I'd call them and tell them they have one day to retrieve it or I'd be eating grain fed backstraps.

 

[TheLBLman]

I don't like the whole idea of pen raised deer, elk, exotics or anything to "hunt".

I agree with you. But that's "beside" the point.

I'd call them and tell them they have one day to retrieve it or I'd be eating grain fed backstraps.

And then the law would probably throw a very large book at you if you followed through on your threat.

IMO, it's a very different situation based on whether you know it's an escaped "tame" deer vs. a truly wild, free-roaming deer.

 

[Diehard Hunter]

The OP KNOWS it is an escaped deer. He KNOWS it is livestock. He has no leg to stand on.

 

[TheLBLman]

The OP KNOWS it is an escaped deer. He KNOWS it is livestock. He has no leg to stand on.

Totally agree. :)

Could be a totally different situation for some guy 5 miles down the road, legally deer hunting, totally unaware of an escaped captive deer.

 

[smalljawbasser]

I would love for someone to try to do something to me if i shot a "high fenced" deer that had escaped. I own the freaking land and deer have a season so i would be doing nothing wrong. Not my problem i shot one of your $50k deer. I would offer up a replica mount to the owner for $25k and hope we could shake hands.

Exactly. Anybody that says otherwise has never met my attorney. There is no way a judge would rule against you.

 

[KPH]

The OP KNOWS it is an escaped deer. He KNOWS it is livestock. He has no leg to stand on.

I would be hard pressed to call it live stock seeing how it really belongs to the people of Tennessee to began with.

 

[farmin68]

The OP KNOWS it is an escaped deer. He KNOWS it is livestock. He has no leg to stand on.

I would be hard pressed to call it live stock seeing how it really belongs to the people of Tennessee to began with.

If the deer "farmer" (definite need for the Chris Farley quotes here) is in compliance withthe law, he/she owns the deer they are raising the same as a rancher owns his cattle.