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Question for everyone.

Robinson446

By Robinson446,
in Deer Hunting

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Robinson446 Newbie

Robinson446

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Couple years back, I let my dog out side. He was a black lab chow mix. Looked just like a black lab. Wasnt a mean dog at all, never grawled at anyone, just barked if he didnt know you until he warmed up to you. Never did he chase a deer, we broke him of that very early with the deer hide in a barrel trick and it worked for the most part, and i bought some deer scent and dropped a drop of it on his nose every morning, he started not liking the smell i guess and i could walk him 10 yards from a deer and he would pay no attention to it. I had an orange collar on him because it was deer season. Now we owned 32 acres... I heard the dog barking, so afraid he was going to chase a deer or something i tried to call him back. Then I heard a gun shot, and a yelp, and silence... So i ran in and grabbed my dad, he grabbed the gun and the 4wheeler and away we went to wheree i heard the shot. We got there just in time to watch the hunter walking out of the woods to the 4 wheeler trail we had. After asking him why he was on our posted property and what not he tried to leave. So i asked him if he saw a black dog up here. he then said no. After a few minutes of talking to him about it he insured me he had no clue what i was talking about. I knew he was full of it. So we asked him for his back tag and took down his name and back tag number and told him we would be notifying DEC when we got back to the house. I asked him again, if he saw a dog, he hesitated and then said yes. I asked where, he pointed to the pines. I said ok did u shoot him. He then said no he shot in the air to scare him away so he could leave because the dog supposidly had him treed. So I told him to wait there with my dad and i went over and looked, and i couldnt believe my eyes. Black hair and blood all over. I was only about 10 at the time so i was prettty up set. I came running back over throwing rocks and sticks yelling that he shot my dog. That dog was my best friend, i took him everywhere, 4 wheeler rides where he sat on the back of it with me, walks, swimming, he would even wait in the bathroom till i got out of the shower. So my dad started loading the gun, and the guy got all shaky and asked why, and then my dad explained that he now hhas to go find my dog, and finish him off if he isnt dead so he dosnt suffer. the guy was using a 30-06 or how ever u write it. The worst thing in the world is tracking blood from your dog... I tracked him a good 4-500 yards back to the house, where i found him in the dog house i made him with his head on his paws, just like i found him in the ccar when my dad brought him home to me.Double lung shot, big enough hole i could stick my hand through. I was devistated. I called DEC and took the guy to court. The court then told us that there is no law protecting a dog... So he got away clean and clear. My dad then got a fine for asking the judge what kind of bullsh*t court he is running and if he went to the judges house and shot his dog then he couldnt do anything about it? So tell me this guys, whats the deal with that? How do you guys feel about that? Remember, the guy said he wasnt chasing deer, nor did he attack the guy, he just had him treed so he shot him at about 5 yards.

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Robinson446 Newbie

Robinson446

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I know your pain. It just sucks to see "mans best friend" get shot, and the person gets away with it. No fine, no jail time, nothing. U cant mistake a great dane for any animal anyways. and if you could, then you probably shouldnt me hunting, same thing with my black lab chow with a hunter orange collar!

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Geno C Newbie

Geno C

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wow that is BS, he was on posted property where he didnt belong. ive had my share of seat time and had a dog walk by, i would never in my life shoot one unless it was life threatening... the dog i saw looked lost as it made its way back to where the houses were. if that happened to me that guy would have gotten an ass woopen he would have never forgotten, what an A hole

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Elmo Rookie

Elmo

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Just doesn't make sense to me. Isn't this animal cruelty? This took Michael Vick down, you telling me it can't give a couple of jacka$$es a fine? That sucks. At the very least if you don't consider animals having rights it should be destruction of private property.

Edited by Elmo
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Deerthug Newbie

Deerthug

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I am sorry to hear about your dog. That Judge was completely wrong. NYS has animal cruelty laws. Here is one of them:

§ 353-a. Aggravated cruelty to animals

1. A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty. For purposes of this section, "aggravated cruelty" shall mean conduct which: (i) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner.

2. Nothing contained in this section shall be construed to prohibit or interfere in any way with anyone lawfully engaged in hunting, trapping, or fishing, as provided in article eleven of the environmental conservation law, the dispatch of rabid or diseased animals, as provided in article twenty-one of the public health law, or the dispatch of animals posing a threat to human safety or other animals, where such action is otherwise legally authorized, or any properly conducted scientific tests, experiments, or investigations involving the use of living animals, performed or conducted in laboratories or institutions approved for such purposes by the commissioner of health pursuant to section three hundred fifty-three of this article.

3. Aggravated cruelty to animals is a felony. A defendant convicted of this offense shall be sentenced pursuant to paragraph b of subdivision one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years.

I know you said you went to Court, did you sue him in civil court or did you press criminal charges against him?

Edited by Deerthug
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damore81 Newbie

damore81

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Wow. I like my dog better than my wife sometimes. I said sometimes not all the time lol. That guy would not have made it off of my property. Seems to me the guy should have been charged with animal cruelty and trespassing. All I know is if somebody is on my property trespassing with a gun there will be serious repercussions. I lived in Texas for a while and live by there rule for trespassers: " Shoot first, ask questions later "

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hunter Enthusiast

hunter

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I am sorry to hear a story like this especially how he was allowed to get away with it. I just met a women in Sidney who went walking with her kids and dog on their own land only to find a tresspasser hunting squirrel. And he had the balls to ask her why the dog wasn't on a leash. For someone to be tresspassing on your land with a loaded gun and challenge your right to be there is too much to bear. To have a coward shoot your dog and lie about it is criminal, I don't care what the judge said.

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steve863 Community Regular

steve863

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All I know is if somebody is on my property trespassing with a gun there will be serious repercussions. I lived in Texas for a while and live by there rule for trespassers: " Shoot first, ask questions later "

So you could shoot a hunter who is carrying a gun in Texas for trespassing? I don't think so. Having someone break into your house with a gun is one thing, but shooting someone outdoors who appears to be hunting, even if he is trespassing, without any sort of other threat to you would probably put YOU in jail before the trespasser.

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damore81 Newbie

damore81

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So you could shoot a hunter who is carrying a gun in Texas for trespassing? I don't think so. Having someone break into your house with a gun is one thing, but shooting someone outdoors who appears to be hunting, even if he is trespassing, without any sort of other threat to you would probably put YOU in jail before the trespasser.

I was certainly exaggerating a bit. If it was not within a dwelling then you are correct. However if someone trespasses into your home armed or unarmed you have the right to shoot. In fact you even have the right to shoot if someone is breaking and entering into your neighbors house. This law varies among cities and counties in Texas but for the most part the right to bear arms and the right to defend your property is taken very seriously over there. Not so much over here in NY. I know of a neighbor who had been sued by someone breaking into her home and the burglar won the lawsuit.

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jr.deerslayer Newbie

jr.deerslayer

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That is truly a horrible experience, like you said..."mans best friend" i like my dog more than most people I've been around. We have had problems with dogs attacking livestock and running deer but for a dog that you own to be shot on your posted property is truly amazing. Knowing my father, that man would have been lucky to return home, even luckier to return home still standing upright and breathing.

Most of the problems I see about defending yourself against intruders, is the fact that some people shoot to wound, unable I guess to actually take anothers life...thats when the lawsuits happen. So I guess if your life is on the line and its either you or him, shoot to kill. Probably easier said then done, I dont know...luckily.

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adirondackbushwhack Newbie

adirondackbushwhack

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Couple years back, I let my dog out side. He was a black lab chow mix. Looked just like a black lab. Wasnt a mean dog at all, never grawled at anyone, just barked if he didnt know you until he warmed up to you. Never did he chase a deer, we broke him of that very early with the deer hide in a barrel trick and it worked for the most part, and i bought some deer scent and dropped a drop of it on his nose every morning, he started not liking the smell i guess and i could walk him 10 yards from a deer and he would pay no attention to it. I had an orange collar on him because it was deer season. Now we owned 32 acres... I heard the dog barking, so afraid he was going to chase a deer or something i tried to call him back. Then I heard a gun shot, and a yelp, and silence... So i ran in and grabbed my dad, he grabbed the gun and the 4wheeler and away we went to wheree i heard the shot. We got there just in time to watch the hunter walking out of the woods to the 4 wheeler trail we had. After asking him why he was on our posted property and what not he tried to leave. So i asked him if he saw a black dog up here. he then said no. After a few minutes of talking to him about it he insured me he had no clue what i was talking about. I knew he was full of it. So we asked him for his back tag and took down his name and back tag number and told him we would be notifying DEC when we got back to the house. I asked him again, if he saw a dog, he hesitated and then said yes. I asked where, he pointed to the pines. I said ok did u shoot him. He then said no he shot in the air to scare him away so he could leave because the dog supposidly had him treed. So I told him to wait there with my dad and i went over and looked, and i couldnt believe my eyes. Black hair and blood all over. I was only about 10 at the time so i was prettty up set. I came running back over throwing rocks and sticks yelling that he shot my dog. That dog was my best friend, i took him everywhere, 4 wheeler rides where he sat on the back of it with me, walks, swimming, he would even wait in the bathroom till i got out of the shower. So my dad started loading the gun, and the guy got all shaky and asked why, and then my dad explained that he now hhas to go find my dog, and finish him off if he isnt dead so he dosnt suffer. the guy was using a 30-06 or how ever u write it. The worst thing in the world is tracking blood from your dog... I tracked him a good 4-500 yards back to the house, where i found him in the dog house i made him with his head on his paws, just like i found him in the ccar when my dad brought him home to me.Double lung shot, big enough hole i could stick my hand through. I was devistated. I called DEC and took the guy to court. The court then told us that there is no law protecting a dog... So he got away clean and clear. My dad then got a fine for asking the judge what kind of bullsh*t court he is running and if he went to the judges house and shot his dog then he couldnt do anything about it? So tell me this guys, whats the deal with that? How do you guys feel about that? Remember, the guy said he wasnt chasing deer, nor did he attack the guy, he just had him treed so he shot him at about 5 yards.

The judge lied to you. Dogs are protected under the agg. and markets law and it is a crime to shoot them even if they are running deer. The guy commited a crime when he shot your dog; it sounds as if he was one of the good ole boys and the judge knew him. Certainly one has the right to protect themselves and shoot a dog that is attacking them but you don't get a double lung shot at a dog that is attacking you because the dog is facing you.

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growalot Newbie

growalot

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Well for one thing the dog is considered property and the guy was ...from what you said...on your property....so at the very least it should have been trespassing and destruction of private property so a fine and compensation...if you could put a true monetary value to him....Now that really doesn't help and I'm sorry it happened...Even if the dog had "treed" him ...if on private land.... he was just protecting your property

My dogs are kenneled and housed the entire hunting season...just for this reason....and with the new lower bow set backs coming in and cross bows in gun ....I predict a increase in this.....no shots to ring out to alert ppl

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132 eight pointer Apprentice

132 eight pointer

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The judge failed you.Justice was mocked.The shooter is a coward. I don't know what I would have done in your shoes but it could have gotten ugly. You and your dad did what was right and the judge didn't.That is a terrible experience you had to witness. The guy who shot your dog needs a brain transplant and an ass kicking.Really sorry about your dog.

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bubba Newbie

bubba

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lets just say that he was lucky he was not in my court. It is against the law to shoot a dog under the ag and markets laws. No one can legally dispatch a dog unless it presents eminent danger and you are a police officer, or a deuptized dog warden. And there still has to be justification. He would have had the book htrown at him in my court.

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