dealing with roadhunters

[CROWCA]

I would believe the only charge that would stick would be trespassing and shooting from a road if you were inclined to do that.
I heard of a guy who shot a decoy on land were he had permission ,legally off the road and they wanted him to pay for the decoy repair.He told them to pound salt,no charges laid.It might have been posted here or a urban legend.

 

[starpuss]

I would believe the only charge that would stick would be trespassing and shooting from a road if you were inclined to do that.
I heard of a guy who shot a decoy on land were he had permission ,legally off the road and they wanted him to pay for the decoy repair.He told them to pound salt,no charges laid.It might have been posted here or a urban legend.

um.. if he shot a decoy he should of got a charge.. most decoys hear are little mule deer lol

 

[bearkilr]

I would believe the only charge that would stick would be trespassing and shooting from a road if you were inclined to do that.
I heard of a guy who shot a decoy on land were he had permission ,legally off the road and they wanted him to pay for the decoy repair.He told them to pound salt,no charges laid.It might have been posted here or a urban legend.

That did happen here, except the hunter admitted to knowing it was a decoy before he fired. He got charged. Destruction of gov't property. Far as I know, he had to pay.

 

[TheCoachZed]

Here in New Brunswick it is legal to hunt from the side of the road - you can't fire over the road, or have a loaded gun in your vehicle.

I've gone with a few guys who hunt that way. I don't like it, but at times I can see why you'd do it. If you have no decoys and you want to walk up ducks, for instance, it's the best way to find them. It's a good way to find crows to shoot, too. I do know a lot of guys who swear by road hunting, especially for deer, rabbit, and partridge, but I don't think it's fun or smart.

On the other hand, if I'm driving around and see a rabbit on the side of the road, well, I've got no problem with getting out and shooting it. By the time I have the .22 loaded it's gone anyway, so I still end up beating the brush.

 

[Covey Ridge]

I would post a sign that says something like this.
Land owner is hunting deer on this property,please respect by not trespassing.When sign is removed please come to house to get permission to hunt.

Hmmmm? When the sign is removed, how would one see the part about come to the house for permission?

 

[sheephunter]

Let's say DNR has a decoy deer set up on crown land off a highway. You come driving along, see the deer, stop, get out of the vehicle, load your gun, sneak through the ditch onto the bank where it's legal to shoot from and fire.
They will charge you with hunting from a vehicle since everything else you were doing is legal.

I doubt it very much unless you say you were driving around looking for deer. If it's a spot you have permission on and you don't say you were driving around looking for deer, there is squat they can do. There are two mitigating factors here: mensrea and intent of the law. Both would work for you in a court of law should you ever end up there but in the case you outlined, it ain't going to happen.

You were not using the vehicle to search for deer. It was a casual observance on the way to a hunting area. As long as you exited the vehicle and were the specified distance from the vehicle/road when you shot, there is no way in hell they can make a charge stick.

 

[Covey Ridge]

I doubt it very much unless you say you were driving around looking for deer. If it's a spot you have permission on and you don't say you were driving around looking for deer, there is squat they can do. There are two mitigating factors here: mensrea and intent of the law. Both would work for you in a court of law should you ever end up there but in the case you outlined, it ain't going to happen.

You were not using the vehicle to search for deer. It was a casual observance on the way to a hunting area. As long as you exited the vehicle and were the specified distance from the vehicle/road when you shot, there is no way in hell they can make a charge stick.

I know that I am on Sheephunter's ignor list, but he is probably right here. Mens rea is simply guilty mind, or criminal intent which must be proven. The intent of the law would be to keep hunters from shooting from the road or vehicle, not just to create another crime for hunters to get caught!

 

[CROWCA]

Covey you never remove the sign until the season is over,and put it up next year.

 

[bearkilr]

I know that I am on Sheephunter's ignor list, but he is probably right here. Mens rea is simply guilty mind, or criminal intent which must be proven. The intent of the law would be to keep hunters from shooting from the road or vehicle, not just to create another crime for hunters to get caught!

Maybe somebody can enlighten me why it's in the Wildlife Act then.

 

[bearkilr]

I doubt it very much unless you say you were driving around looking for deer. If it's a spot you have permission on and you don't say you were driving around looking for deer, there is squat they can do. There are two mitigating factors here: mensrea and intent of the law. Both would work for you in a court of law should you ever end up there but in the case you outlined, it ain't going to happen.

You were not using the vehicle to search for deer. It was a casual observance on the way to a hunting area. As long as you exited the vehicle and were the specified distance from the vehicle/road when you shot, there is no way in hell they can make a charge stick.

22 Except as may be otherwise permitted by this Act or the regulations, no person, whether for himself or to assist another, shall chase, drive, flush, pursue, worry, harrass, follow after or on the trail of, or search for, any wildlife from a vehicle.

You would have to be certain to tell the warden you were on your way to a hunting area and know where it is,etc. They have made this charge stick in Manitoba, believe me.

 

[sheephunter]

You would have to be certain to tell the warden you were on your way to a hunting area and know where it is,etc.

That's what I said. I understand the intent of the law and agree with the intent but a casual observance on the way to your hunting area definitely does not fall under the intent.....at least IMHO. It would be imprudent as the operator of a motor vehicle not to keep your eyes on the side of the road to watch for danger that could cross in front of you. You are not searching for game but being a prudent driver.

 

[Covey Ridge]

You would have to be certain to tell the warden you were on your way to a hunting area and know where it is,etc. They have made this charge stick in Manitoba, believe me.

Let me try to understand this?

1.You have permission to be on Farmer A's property as well as farmer B and Farmer C. You are on your way to Farmer C's property and you spot legal game on Farmer A's property and you choose to stop your vehicle and enter A property to hunt. Have you somehow broken the law by spotting game from a vehicle?

2. You do not have permission to hunt A property and you are on your way to C when you spot game. You go back to A and ask and get permission. You drive back to A spot, leave your vehicle and start your hunt. Now suppose that some fish cops have been watching a herd or a decoy and recognize your vehicle from the first time by. Have you somehow broken the law because you first sighted the game from a vehicle?

 

[bearkilr]

I agree, that's why it's a difficult charge to get a conviction on. Like I said earlier, they like to tack on as many charges as possible, especially if the hunter isn't being reasonable, and this is one of the ones to add to the charge count.

 

[CROWCA]

According to some you have?

 

[bearkilr]

Let me try to understand this?

1.You have permission to be on Farmer A's property as well as farmer B and Farmer C. You are on your way to Farmer C's property and you spot legal game on Farmer A's property and you choose to stop your vehicle and enter A property to hunt. Have you somehow broken the law by spotting game from a vehicle?

2. You do not have permission to hunt A property and you are on your way to C when you spot game. You go back to A and ask and get permission. You drive back to A spot, leave your vehicle and start your hunt. Now suppose that some fish cops have been watching a herd or a decoy and recognize your vehicle from the first time by. Have you somehow broken the law because you first sighted the game from a vehicle?

Yes you have, according to the Manitoba Wildlife Act. You cannot search for wildlife from a vehicle.

 

[CROWCA]

Aircraft may not be used while hunting. Snowmobiles, vehicles
or boats may not be used for chasing, pursuing, harassing,
capturing, killing, injuring or destroying any wildlife. You
may not hunt moose, deer or black bear while they are
swimming.
It is illegal to have a loaded firearm in or on, or discharge
a firearm from, an aircraft, vehicle (including snowmobile
and all terrain vehicle) or motor boat or anything towed by
the boat. An exception to this rule is that a person may obtain
an authorization through the local MNR office if the person’s
mobility is impaired and the person meets one of the following
criteria:
1. A paraplegic or hemiplegic
2. A single (above the knee) lower limb amputation or a
double (below the waist) amputation
3. Suffers severe disability, and cannot hunt without the use
of a wheelchair or similar means of locomotion. In this
case, the hunter must provide a medical certificate stating
disability. The authorization is valid for a period of up to
five years for a person with a permanent disability.
A loaded firearm may be carried in, and discharged from, a
canoe or boat that is being paddled, with no motor attached.
NOTE: Restrictions on the use of motor boats. Under the Fish
and Wildlife Conservation Act, 1997 a motor boat means a
boat with a motor that is attached to the boat (see
definition on page 78). There is an exception to this rule if
you are hunting waterfowl in accordance with the Migratory
Birds Convention Act.
Sunday Gun Hunting
Changes will occur over time to the areas where gun hunting is allowed.
Ontario regulations from web page.

 

[bearkilr]

Aircraft may not be used while hunting. Snowmobiles, vehicles
or boats may not be used for chasing, pursuing, harassing,
capturing, killing, injuring or destroying any wildlife. You
may not hunt moose, deer or black bear while they are
swimming.
It is illegal to have a loaded firearm in or on, or discharge
a firearm from, an aircraft, vehicle (including snowmobile
and all terrain vehicle) or motor boat or anything towed by
the boat. An exception to this rule is that a person may obtain
an authorization through the local MNR office if the person’s
mobility is impaired and the person meets one of the following
criteria:
1. A paraplegic or hemiplegic
2. A single (above the knee) lower limb amputation or a
double (below the waist) amputation
3. Suffers severe disability, and cannot hunt without the use
of a wheelchair or similar means of locomotion. In this
case, the hunter must provide a medical certificate stating
disability. The authorization is valid for a period of up to
five years for a person with a permanent disability.
A loaded firearm may be carried in, and discharged from, a
canoe or boat that is being paddled, with no motor attached.
NOTE: Restrictions on the use of motor boats. Under the Fish
and Wildlife Conservation Act, 1997 a motor boat means a
boat with a motor that is attached to the boat (see
definition on page 78). There is an exception to this rule if
you are hunting waterfowl in accordance with the Migratory
Birds Convention Act.
Sunday Gun Hunting
Changes will occur over time to the areas where gun hunting is allowed.
Ontario regulations from web page.

Things are a bit different in Manitoba. We can shoot animals that are swimming for instance. Also, if all movement to the boat caused by the motor has ceased, you can shoot out of it

 

[drache]

Wow after hearing about you guys in Manitoba, I'll never complain about the BC hunting regulations!

 

[bearkilr]

It seems every province has their share of asinine laws.

 

[Seabass]

i noticed the private family land i hunt is getting more and more popular with road hunters, this year saw more of them then ever. a few i even recognized as relatives or neighbours, those shouldn't be to hard to have a chat to. the problem is the unknowns, while we have been lucky and no one has shot onto the place in our direction yet it's only a matter of time. there is only one game warden for the area, and he is overstretched and based an hour away. if it comes down to confrontation what is the best way to handle it, so it doesn't get out of hand? don't need flaring tempers when firearms are involved. just get a plate number and name if possible and call the mounties? most aren't even hiding it, more then once saw a truck go by slow with a dude in the box with a gun. then have to run out of the blind and start waving my arms so they see me and don't shoot.

I don't know the details but if they were tresspassing call it in and get a plate. If its a public road they you can't do anything. If they shoot somthing on the property you can but untill a crime is commited......

In this area I used to hunt I would go hunting all day and somtimes not see any game. But on the way home there was almost always this one big buck laying down in this guy's yard 30ft from the road teasing me. Jeese lousee. I always slowed down to take a look at him, I think that buck new I couldn't shoot him there beacuse he never showed any sign of alarm. He would just lay there and look at me and smile!!! Oh well.

Cheers

Seabass