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ok so i dont know why i was thinking about this but i just had to aske if this was the right thing to do for my dad. but about 5 years ago it was opening morning of gun season and i had gotten in trouble so i couldnt go out but my dad got out and saw the biggest buck of his life. he was hunting the property line and so was the neighbor who hunted the woods across the small open field and this huge 8 pointer came out of the woods across the field on the other guys property. The other guy shot the deer and the deer was in my dads sights the deer ran ONTO OUR PROPERTY and my dad shot it the deer then ran about 40 yards from dads stand ON OUR PROPERTY and died. so my dad go out of his stand and tagged the deer and field dressed it. ithe deer did have two holes in it tho this took him about 2 hours to complete all this and when he was finished and on the phone with my mom to get me out of school the other guy came over and said it was his deer. so my dad got off the phone with my mom and argued with the guy for about 30 minutes and gave the biggest deer of his life, the biggest deer he has ever shot:SHOCKED:. those were his words. to the other guy:yikes::rant:. and mind you that this guy drives his car to the edge of the field at 7 o'clock on opening morning or any day he hunts. :rant:this guy was not a very nice guy. but was this the right thing of my dad to do i mean the other guy did shoot it first and there were two holes but what should he have done???:confused: i wish i was there cuz i would have picked the 190lb deer up (thats what it wieghted out at at knutson's we watched him weigh it) and i was only 90lbs. and carried out of the woods to our truck.lol :D
thanks
spencer
 

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One school says whom ever draws first blood gets the deer. Second school says whom ever place the first killing shot.( Long lingering killing shot not included).

Truck placement has no usefull information here!:D

Skinner
 

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Discussion Starter · #3 ·
well see after my dads shot the deer ran about 10 yards and dropped so hwo knows who shot killed it???
 

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If I were your dad, I would have taken the deer, or maybe I wouldn't have. This is a very sticky situation. The deer ran onto your property and by law the other guy has to have permission to retrieve downed game from private adjacent property, namely your property. As far as the other hunter is concerned, he had every right to shoot the deer as it was on his property to begin with, but the way the law is written, your dad also had every legal right to shoot the deer even though it had been shot already. This is probably why this anti-trespass law was written, so that confrontations such as you describe hopefully do not occur. Someone else may have just let the other guy have the deer, but as far as I am concerned, had your dad not been there at the time the deer was shot the first time, that deer may have ran further onto your property after being shot by the neighbor and either have succumbed to the first shot or not, depending on where the deer was hit in the first place. Your dad had every legal right to put the killing shot on that animal as it was indeed on your property when he took the shot and killed it for good. This is a very gray area which no doubt happens more often than we think. This is something that I personally hope never happens to me. If it did, I may think again about what I would do. I have decided to make it a point that if confronted with an armed individual who demands an animal that I had fatally shot, and shows any form of beligerence, I would probably hand the dead deer over to him. Better to handle it that way before something turns ugly, as in the case in Wisconsin a couple years ago. I can't bring myself to trust a confrontational stranger with a loaded weapon.
 

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well see after my dads shot the deer ran about 10 yards and dropped so hwo knows who shot killed it???
Prove it.

First shot hit lungs, deer runs 100 yard plus. just as it slows from blood loss your dad shoot and hit it in the hind end. Deer falls over 10 yards from your dad and his shoot. Sorry first shot killed the deer!

OK first shot hits lower front leg. deer runs 2oo yards to your dad. His shot get lungs and breaks other leg deer falss 10 yards. Second shot killed it.

Lesson to be learned? Maybe, don't hunt property lines. You don't have enough information listed.

Skipper explains it pretty well.

Skinner
 

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Your Dad already tagged the Deer ,He shoulda called a CO and let them decipher it,
on another note,I don't know about the legality of removing a tag from a legally tagged Deer to replace it with another.........
 

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Why did your dad let him come on your property, if he is a jerk I would of sent him packing. A little bone on the head makes people do stupid things.
 

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Legal schmegal.

If the 1st guy put the killing shot on the deer, it's his. If he hit it in the leg, or a non lethel shot and your Dad put the kill shot on it, it's your Dad's.

I would never claim a deer that I hadn't killed. Not finished off.........but put the killing shot on.
 

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Legally, the deer belongs to your dad as the 1st shooter has no right to cross the property line to retrieve the deer. Morally, if the 1st shooter had a fatal shot on the deer, the deer belongs to him. I would never deprive shooter #1 of that deer if he made a good killing shot. Now if he winged it, that would be different.
 

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your dad did the right thing.;)
 

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The rule I hunt and live by is first kill shot owns the deer. Deer are the greatest of creatures and even a well placed shot don't always drop a deer in it tracks.
I have done this bow hunting had a large doe walk in nearest stand to mine was 150 yards. did not see the wound so I shot the deer. This doe still went another 70 yards before falling down. While waiting for her to lay down I notice a couple guys looking at the ground on the ridge top, so I sat and watched them and they headed in my direction. After getting down and talking to them I found out they had shot a deer. I told them I had just shot a large doe and they went white. I told them that if this was the deer they shot and if there shot would of killed it it would be thier deer. After going over to the doe it had one pass threw shot (mine) in the heart and another entrance hole back in the liver and stomache. I said the shot would have droped the deer and gave them the deer. I did ask how long he waited to track and was told they had started right after the shot.
I explained that with bow hunting you need to wait atleast 30 minutes on well placed shots and a couple hours on any shot your not sure of.

You dad sound like he did the right thing.
 

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Not enough infor to make a good decision but there is alot of this every year.

Hard Pill to swalllow but I would agree that who shot it where is hard to prove and your Father is a better man than most.
 

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i've had this situation happen to me many times hunting stateland and on private. the deer was already shot and ran in front of me, i then shot it.. on the private land i just asked them how they got on my property, i already tagged and gutted the deer, they have no legal claim to it and they're tresspassing. would you like to let a CO decipher it?? lol. on state land i told them i had the last killing shot on it/ and its within sight of my stand. hunting on state land you have to shoot to kill, if not you leave it up for interpretation. and thats just going to cause problems, atleast in gun season. i did shoot a buck last year on opening day, it'd already been shot just over the hill, maybe 50 yards away, i just shot it to put it down, (it was rainy and i didn't want it to go into the swamp) when the old man tracked it up to my stand i readily gave it to him.
 

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not enough infor to make a good decision but there is alot of this every year.

Hard pill to swalllow but i would agree that who shot it where is hard to prove and your father is a better man than most.

I AGREE!!!

You never know...........He might have the prettiest daughters in the county and he MIGHT let you call him DAD someday!!
 

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THe trespasser committed 2 violations.

1 recreational trespass--it seems he didn't have permission to be on your property to confront your dad, much less tag and drag a deer.

2 tagging a deer he didn't lawfully kill. The deer was very much alive when it was on your property. Your dad had the last shot and it died. HE tagged it. End of story.

Regardless of "who shot first" only a forensic pathologist would be able to MAYBE tell who had the killing shot, but it clearly died after your dad's shot. Maybe that deer had been shot at all morning and this trespasser actually missed. Who's to say those holes weren't there before?

If he had a cell phone the best bet would've been to call a CO. Your dad is a good guy and diffused the situation. At the end of the day, it's only a deer.
 

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Put yourself in the situation you hear the neighbor shoot and the deer runs on to your property. . now can you see where he hit the deer? if I was sitting there and cant see blood pumping out of the deer well Im going to assume that he missed and Im going to take the shot. Now field dressing the deer and its obvious there are 2 shots, well how are you going to tell who hit where? are both shots in the same area or is one a kill shot and one not? there really isnt enough info to tell, but if it were me I would tell the person to leave my property they are tresspassing and tell them to wait on the other side of the property line and I will call a CO and let them decide. .
 

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If both holes were kill shots then your dad made the right choice but if one was a bad shot then your dad should of taken it. Also if one shot is a gut shot dont bother fighting and tell the guy he can have it.
 

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I think ur Dad did right thing, but i believe it depends on the neighbor:evilsmile. Doesnt sound like this one deserved it. Did he ever let you track a deer on his property?? :16suspect My .02
 
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