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Old December 10, 2009, 03:28 PM   #1
ryanscott
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hunting question

Ok i have a question since i often hunt on public land. If you are hunting around guys you do not know and someone shoots a deer, the deer then runs in front of you, you shoot the deer thinking he missed and you drop the deer. whose deer is it saying that his shot was fatal and would have killed the deer?
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Old December 10, 2009, 03:43 PM   #2
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I try not to hunt near anyone else, but that is getting harder by the year....

..... where I hunt, there are plenty of deer, so I'd give it to him, so I could keep hunting.
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Old December 10, 2009, 03:45 PM   #3
ryanscott
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Thanks for the reply but i was more wondering whose deer it is supposed to be. like legally i guess i will call it.
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Old December 10, 2009, 03:48 PM   #4
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I am not a Lawyer, and don't see a need for one in this case: tell him, "Nice Deer! Need help draggin'?" , cuz the sooner you get it out of there, the sooner you get back to hunting.
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Old December 10, 2009, 03:56 PM   #5
Brian Pfleuger
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Quote:
Ok i have a question since i often hunt on public land. If you are hunting around guys you do not know and someone shoots a deer, the deer then runs in front of you, you shoot the deer thinking he missed and you drop the deer. whose deer is it saying that his shot was fatal and would have killed the deer?

I've always been told, including in hunter safety training, that he who makes the first "obvious" fatal shot gets the deer. It seems like the most logical thing.

Example:

1)He shoots it through the heart, 100 yards later you do the same. His deer.

2)He shoots, hitting it in the guts, 100 yards later you shoot it through the heart. Your deer.


The problem that crops up is in proving who hit it where. Sometimes you might shoot it on opposite sides and not have exits, which would prove it but other times it might not be so obvious.

Regardless, it's not worth the argument.
If there's a problem then just let it go. Tell them to take the deer and you hope it tastes good knowing that they got it dishonestly.
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Old December 10, 2009, 03:57 PM   #6
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In PA who ever drops the deer gets it when your talking gun season. In archery it is who ever hits the deer first (saying that your arrow would have killed the deer).

I just talked to a friend of mine last night. He was out with his son (15), his brother in-law and nephew (10). A 7 point buck ran past him and he missed it ran past his nephew (we have a mentor program in PA) who shot and hit the deer. They heard another shot a few seconds later. They had a really good blood trail and followed it all the way to where someone else was gutting the deer. The shot they heard was someone they didn't know putting the deer down. 2 holes that were both good shots. The father had to explain to the 10 year old (it was his first buck, or would have been anyway) that this is hunting and that the other guy gets the deer.
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Old December 10, 2009, 03:59 PM   #7
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First fatal shot is a good rule of thumb that I have always heard and would go with. That is one of those legally grey areas that people just have to work out.

A buddy of mine lost out on a nice blacktail becuase it ran down to a logging road and some guys rolled up on it. By the time he got there, they were not going to give it up without a gunfight, so he had to let it go.
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Old December 10, 2009, 04:04 PM   #8
ryanscott
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im not suggesting bringing it to court or anything like that. i get that u would probably let him have the deer me too probably i was just curious to whose its actually supposed to be. and besides if you remain to hunt in the same spot after somebody has just shot isnt very smart bucause i dont know about where you are but in most places after a loud gunshot the deer dont really like to stay around that area.
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Old December 10, 2009, 04:04 PM   #9
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Wasn't public land, but participated in this very "discussion" last year with some hunters. Couple of guys on the adjacent property shot and wounded a six-point buck. I could hear the buck coming, and he was moving well. Came across the property I was hunting, went right through the middle of a sizeable pond, and was dropped by another guy with a well-placed heart shot.

I was talking with the solo hunter when the first two showed up. We examined the carcass together. There was a wound through one of the rear legs, and the heart shot. Pretty evident that the fatal shot was the latter. The original two didn't argue the point, congratulated the solo hunter, and headed back off the property.

Rule I learned was that the killing shot takes the animal. However, I'd personally not argue the point except maybe in a case like this, where there were two obvious wounds, one of which may likely not have proven fatal.

Don't know what the solo hunter would have done had the first two guys tried to argue that the deer was theirs. With me standing there, he wouldn't have felt outnumbered, and we were on property that he had permission to hunt and the first two didn't ... Nevertheless, in this instance, the "killing shot" was pretty obvious.

As far as continuing a hunt in an area where a deer has already been taken, keep at it. I took a nice 8-point this year, first thing in the morning. Had it dressed and dragged out and was back on the same stand by 9:30 a.m. Just after 10:00, a second buck walked through on almost the same track as the first. Didn't seem stressed at all. And if there are a lot of deer in the area, and a lot of hunting pressure (read that a lot of hunters moving around), quite likely that they'll push something through for you.
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Last edited by Legionnaire; December 10, 2009 at 04:10 PM.
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Old December 10, 2009, 04:07 PM   #10
ryanscott
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thank you davlandrum, peetzakilla, deerhunter and legionnaire that was the kind of responses i am looking for. appreciate it.

Last edited by ryanscott; December 10, 2009 at 04:23 PM.
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Old December 10, 2009, 04:29 PM   #11
telemark
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if it happened to me I would let the guy that shot it first have it, I just stopped it. It is nothing to get in a fight over.
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Old December 10, 2009, 05:10 PM   #12
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legally it is his deer cause if it's wounded it will bleed to death adventually.
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Old December 10, 2009, 05:17 PM   #13
James R. Burke
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I try not to hunt by anyone for seversl reasons, safety, and them taking down my chances. But I would say who ever made the fatal shot.
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Old December 10, 2009, 05:19 PM   #14
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In Arizona I believe it belongs to the person who first shot it.

I know of a few deer that were "stolen" that way though. Many, many years ago my grandfather shot a nice whitetail buck over near Bisbee. He worked his way across a canyon to the deer, and found a man who had a young boy with him, and they were dressing out the deer...and had it tagged as their own.

He walked away disgusted, but killed another deer the next day.

An ex-friend (an attorney) was out hunting mule deer once when a bunch of shots rang out from the next canyon over. While he stood there, a really nice 4x4 (not counting eye guards) mule deer buck came over the hill, and died in front of him. He fired twice into the air (in case they hit it twice), and tagged it. It sits proudly in his living room now.

It happens, but it sure disgusts me when it does. If I'm hunting, and shoot a deer that's been previously shot, I'll wait for the rightful owner to show up. It it takes him a while, I might go ahead and dress it. If he shows up, he's welcome to it; if not, then I'll tag it.

I have to live with myself, after all, and if it was previously shot then I didn't take it on fair terms. I'd just be the one who finished it off and claimed it, and that's not why I hunt.

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Old December 10, 2009, 05:20 PM   #15
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I've hit deer in the heart and have them run 70 yds...

Scenario--2nd hunter shoots and hits it in the rear haunch and it drops dead at his feet...Whose deer is it then since everyone is a one shot guaranteed killer...Kinda tough to decide if both are using .308 bullets...
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Old December 10, 2009, 05:22 PM   #16
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My understanding has always been the one who puts it down for the last time. I knocked a buck down once, then short shucked the gun and jammed it. The deer staggered down to the next stander and he delivered the kill shot. His deer. Plain and simple. No question.
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Old December 10, 2009, 05:39 PM   #17
Gbro
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I will join in with Dayrl,
Quote:
If I'm hunting, and shoot a deer that's been previously shot, I'll wait for the rightful owner to show up. It it takes him a while, I might go ahead and dress it. If he shows up, he's welcome to it; if not, then I'll tag it.

I have to live with myself, after all, and if it was previously shot then I didn't take it on fair terms. I'd just be the one who finished it off and claimed it, and that's not why I hunt.
Sorry Peetza,
Quote:
Regardless, it's not worth the argument.
If there's a problem then just let it go. Tell them to take the deer and you hope it tastes good knowing that they got it dishonestly.
That last statement is to judgmental and isn't going to do anything but cause hard feelings.

I hunt by the 1st blood rule. with that rule always in the favor of others.

I would never argue over a wounded deer, I wouldn't even argue about what I thought was an unwounded deer that I shot at and died in front of me and someone came along and claimed it.

Hey,
They have to live with their conscience, and I mine
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Old December 10, 2009, 05:53 PM   #18
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A few years ago I killed a buck that had supposedly been wounded by a 12 year old hunting with his dad and granfather from a 300 yard shot. Since they didn't know the area I helped them try to track it down. I finally spotted the buck watching us through the brush at about 50 yards away.
I told them I did not believe the deer was wounded but for the boy to take another shot at him. As they were unable to see the buck through the brush they told me to take the shot and put him down. Five minutes later after a 30 yard blood trail we found the buck with 1 shot through him. The boy wanted to know where he had hit it as he could only see the one hole but his dad and grandfather had him quickly tear his tag and told they would figure it out later when they skinned it.
Sometimes it is better to just walk away, but I still feel bad for the boy because he knew he never hit it and just hung his head as I walked away.
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Old December 10, 2009, 06:24 PM   #19
Brian Pfleuger
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Quote:
Originally Posted by Gbro
That last statement is to judgmental and isn't going to do anything but cause hard feelings.
It's a judgement to classify that statement as judgemental, is it not?

We all make judgements.

In the context of my original point it was clear that by the rule understood and accepted by most everyone in this thread the other hunter was making a claim to a deer that they should not be claiming.

Hard feelings? Sometimes I just don't care. Someone I don't know, have never met, had hard feelings towards me? My dad has a saying.... "They can get over it or die unhappy. Their choice."
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Old December 10, 2009, 06:38 PM   #20
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Interesting discussion, fortunately I have not had to deal with this situation. And haven't really thought about it much either. But my first reaction would be something like this. If a person shoots it in a non vital area say the leg, and it runs by me and i get a good shot and put it down, I'll argue that it is my deer. reason being, you probably were not going to find a deer that can run and run and run forever w/ a less-than fatal wound, that probably isn't putting out that much blood. Say they hit it a good heart lung shot and it runs or stops by me and i put another in it. and that drops it. For sure its their deer, and of course i would not shoot it, if it was bleeding well in the first place. If another hunter gut shoots it and it runs and then beds down and i can see it and kill it, its his. Since in the vicinity of his shot in 6 hours+ or so he'd probably find the deer. I guess i'd just play it by ear, if someone wants to get really loud and argumentitive, hey be my guest and take the deer. I'm not going to get into an argument w/ a stranger with a weapon. And as someone had mentioned my conscience is clear, and thats all that really matters.

The story above me about the 12 y.o. kid 'wounding' the deer are just rude classless people. "O yeah we shot it", and clearly there is no hit but yours and then they argue its their deer....give me a break its clearly your deer, but again if you don't care let them take it, me i'd argue that especially knowing that the kid already knew he didn't hit the deer. And the indisputable evidence of only one shot being in the deer.
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Old December 10, 2009, 07:02 PM   #21
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In Ohio, he who shoots deer last keeps deer. Also agree a deer isn`t worth argueing over.
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Old December 10, 2009, 07:12 PM   #22
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I was taught during my hunter safety course that whoever shoots it first, and can prove it (blood trail), gets it.
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Old December 10, 2009, 07:18 PM   #23
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I'm going to say this is a situation that fits my signature line quote.
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Old December 10, 2009, 09:49 PM   #24
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My family has had a few occurrences of, "Hey, that's mine!" (Hunting in very low populations areas, oddly enough.)

Tow of the incidents didn't have a mark on the animal, other than the fatal shot.

In all cases... The choice made, was to avoid a confrontation with an angry person in possession of a firearm. They walked away, and let the jerks/idiots/terrible shots have 'their' animals.
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Old December 10, 2009, 09:58 PM   #25
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We make a couple of drives during the season...all my uncles, aunts, cousins, sister and nephews and nieces and my daughters we get together (sometimes 50 strong) and we divide into two groups--sitters and walkers...The old and/or lame sit; the young and/or healthy beat the bush pushing the deer ahead of them to the sitters...who then proceed to shoot as many deer as they can--although the pushers do get chances at back-tracking deer as well...does, bucks, yearlings, hinds, hearts, stags even bear...

We are meat hunters, first and foremost, so head don't matter and the area we hunt allows both sexes...at the end of the hunt, whatever is shot is divided equally amongst everyone who participated...We also try to rotate the shooters and pushers on each drive and some of the older relatives or fiends are satisfied with shooting their animal and just let their sitting position go to a youngster...Everyone has a license and a tag and when all the tags are filled we stop...

This year we had 28 in total and got 26 deer (I got two, four of my daughters got one and the other two got two as well)...Everyone went home with most of a deer, all the hides get taken to the tanners and then turned into rendezvous clothes for those of us who participate, the rest into gloves and if there were any racks of note whomever shot it gets to mount them if they so wish otherwise they are turned into powder measures, buttons, knife or pistol handles, jewelry (especially rings) etc....

I shot this one lovely five point (or ten point western count) a 5 x 5 with thick base antlers and within two minutes of it dropping maybe 3 paces after I shot it, two hunters came out of the bush on its trail...I knew something was up so we met at the deer and they claimed they shot it and were tracking it and walking back along the trail there was a definite blood trail but all pink and frothy, lung shot, that would probably have killed the deer but not that day...One of the guys asks what I'm shooting, reaches into his pocket and gives me a cartridge as he shot the same...thing is it was his kill, slow and very painful for the animal kill but a kill nonetheless...Had he shot it in the rear haunch, sorry my kill!

The problem that arose is that they shot the animal from beside the mile cut dirt road onto my property, jumped the fence and tracked it so legally it still is my deer...If they shot it on my uncles property on the other side of the cut road and tracked it into my property, no big deal, they are doing the right thing by making an effort to retrieve their wounded animal...but then they would have ****** my uncle off and neither one of us had given them permission to hunt on our land...The next year they came and got permission from my uncle and my cousin who lives in the farmhouse on my farm (he leases the farm and house from me) and they were given it and have gotten it for about the last fourteen years now and they've always come out with at least one stag/buck...
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