Retrieving Deer Question

[DirtTime]

So, you just shot a deer, and it goes onto land you do not have permission to hunt or even be on. You go knock on the door and explain the situation. The land owner says no, you can't retrieve the deer.

What do you do?

[Paula]

Walk away

[monkeyman2269]

Call dec they can get it

[turkeyfeathers]

^{WTF ? Why does my font keep changing ?!  Ugh}

 

^{I'd call the DEC and see if he could get me permission granted}

Edited October 23, 2015 by turkeyfeathers

[blackradio]

Depends on how far onto their property and the likelihood of me getting caught or not.

[ncountry]

Depends on how far onto their property and the likelihood of me getting caught or not.

 

There is a good honest answer. There are areas I do not hunt around here anymore during archery. The last time a deer ran over onto this property the owner(so called "good" neighbor) refused us permission to retrieve. But if it happens again the deer will be in my freezer. Just saying. I wouldn't refuse anybody even my worse enemy permission to retrieve an animal.(cannot understand that mindset)

[Lawdwaz]

So, you just shot a deer, and it goes onto land you do not have permission to hunt or even be on. You go knock on the door and explain the situation. The land owner says no, you can't retrieve the deer.

What do you do?

 

Your moral compass will guide you.

 

Mine said go get the damn deer NOW....................................

[letinmfly]

DEC should help out in this situation.

Edited October 23, 2015 by letinmfly

[greensider]

they have the right to say no and you have to respect them i am not sure the dec has the right to do anything but they may be more perswasive

[jjb4900]

I think they can refuse you access even if DEC was with you.....

[jjb4900]

Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?
Answer: No. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.

[turkeyfeathers]

2 years ago on Thanksgiving I shot the biggest buck I've ever shot. Must have hit inches off my mark. 2.5 feet of snow and it was dang cold. I tracked that deer for miles and 4.5 hours. Had the slug gun slung over my back with no thoughts of filling any DMP's which I could have shot numerous does along the way as walking thru the snow was very quiet . And learned a great deal of where deer were bedding too.  At this point I was no longer hunting but trying to retrieve  Was I trespassing, yes I was onto a couples parcels of land that weren't posted but yet not public land either. I know I didn't have the right to be there but it was my duty to do my best to retrieve that deer as I pulled the trigger. Doe, this buck, basket or whatever ,I wasn't going to give up. Oddly enough I finally busted that deer out of a beaver swamp inside of 200 yards from where it all started . I lost blood trail soon after and dark set in never finding him.  Missed Thanksgiving dinner at the inlaws (finally got the wife to understand my determination) 

As far as asking for permission and landowner saying no. I hope there's no idiot that would actually say "no" at attempt to retrieval. Hunting perhaps but retrieval no.

[jjb4900]

 

As far as asking for permission and landowner saying no. I hope there's no idiot that would actually say "no" at attempt to retrieval. Hunting perhaps but retrieval no.

you would hope not, but I have no doubt there are neighbors that hate each so much that it's probably almost a guarantee.

[dbHunterNY]

you ask.  don't leave things open ended for them to think you're hunting right on the border, which would make the situation likely.  if you can see it from the property line then tell them that but you're asking out of respect for them.  also indicate to them that you're not taking any weapons.  depending on the kind of neighbor they are offer to show them where and the blood trail.  even if they say no at first, you're still ok to politely plead your case in a clear and concise manner as well as ask them their reasons.  the may have a reason but you still might end up with the deer.

 

in all honesty if it's within sight and they still stay no for no apparent reason, they have no respect for either you or the animal.  they're a ******* and just go get it after the fact.

 

[Lawdwaz]

Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?

Answer: No. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.

 

I know it isn't a good comparison BUT........................Would you call the NY State Police BEFORE speeding on the I-90 while heading to your veterinarian because your Labrador Retriever was dying from an accidental ingestion of rat poison?

 

Of course not...........................

[jjb4900]

I know it isn't a good comparison BUT........................Would you call the NY State Police BEFORE speeding on the I-90 while heading to your veterinarian because your Labrador Retriever was dying from an accidental ingestion of rat poison?

 

Of course not...........................

figured I'd throw the answer from the legal experts out there for those that were looking......honestly, if I knew it was gonna be an involved tracking and lengthy drag out, I would without question look for an owner and ask permission...50 yards over the line? I'd have to think about that one.

[DirtTime]

DEC has no right to go on that land any more then I would be able too.

 

I was just curious how people would deal with this situation. I have permission from 3 land owners to hunt appx 200 acres total. One I have not been able to get a hold of, that one is on the west side of a bedding area. I stopped by there twice and no one was home, but the land is posted. I was just curious how the masses would handle the situation.

Edited October 23, 2015 by ....rob

[SteveB]

Permission is something that should be obtained far in advance of ever needing.

Part of the hunt prep just like scouting, hanging stands and practicing with your weapon.

Going to the woods without doing any of these is failing to prepare.

When you know recovery may be an issue, you make the decision and accept the responsibility of your actions BEFORE shooting. Then live with it.

One's decision to go hunting and attempt to kill an animal is just that and nothing more.

It does not give one the right to ignore landowners rights nor bestow some sacred duty to the animal to recover. The animal is dead and could care less. Again, someone's choice of recreational activities gives the zero moral, ethical or legal right to ignore another's right's.

[jjb4900]

it's like going for the light that's been yellow for a long time and you know it's about to turn red at any second but you accelerate anyway..........once you speed up and commit to going for it, don't hit the brakes at the last second, just go for it....it could turn into a disaster but maybe not.

[Taylormike]

The DEC cannot retrieve it and rightfully so... This actually happened to me. I lost a doe I was 17 at the time. I hate the whole thought of refusing someone.I never have or ever will refuse someone, but you have to respect their property and decision.

Edited October 23, 2015 by Taylormike

[shawnhu]

they have the right to say no and you have to respect them i am not sure the dec has the right to do anything but they may be more perswasive

Unless the land owner has a tag for that deer, they cannot deny DEC retrieval.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

[DirtTime]

Unless the land owner has a tag for that deer, they cannot deny DEC retrieval.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

Got a link or email that says DEC can go on land unwarranted? No law saying a land owner can't let a deer or any other animal die on their land. Not to my knowledge anyway. Not being a dick here, I just can't find a law that says anyone can violate what the actual land owner decides about what people can and cannot do on their land. Unless maybe a law was broken. 

[shawnhu]

Got a link or email that says DEC can go on land unwarranted? No law saying a land owner can't let a deer or any other animal die on their land. Not to my knowledge anyway. Not being a dick here, I just can't find a law that says anyone can violate what the actual land owner decides about what people can and cannot do on their land. Unless maybe a law was broken.

Instructors taught us that when we were at hunters Ed.

DEC: sir, I suspect that you have an illegally harvested deer on your property. Do you mind if I check it out?

Land owner: no officer, go right ahead.

DEC: sir, there's a deer that's been shot and expired here, do you have a tag for it?

Land owner: no officer, I don't know how it got here.

DEC: sir, unless you have a tag for this deer, we'll have to remove it from your property or I'll have to issue you a summons.

Issue resolved.

References:

Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?

Answer: No. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.

http://www.dec.ny.gov/regulations/2442.html

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

Edited October 24, 2015 by shawnhu

[Kot2B]

Permission is something that should be obtained far in advance of ever needing.

Part of the hunt prep just like scouting, hanging stands and practicing with your weapon.

Going to the woods without doing any of these is failing to prepare.

When you know recovery may be an issue, you make the decision and accept the responsibility of your actions BEFORE shooting. Then live with it.

One's decision to go hunting and attempt to kill an animal is just that and nothing more.

It does not give one the right to ignore landowners rights nor bestow some sacred duty to the animal to recover. The animal is dead and could care less. Again, someone's choice of recreational activities gives the zero moral, ethical or legal right to ignore another's right's.

reading the responses before I posted and Steve couldn't have hit the nail more on head with this response. The only other thought is why hunt the property line, knowingly that you don't have permission for retrieval.

[DirtTime]

Not hunting the property line. But deer can run a long ways of not hit right

 

Edited October 24, 2015 by ....rob