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Old January 13, 2007, 01:23 PM   #1
kenneth owens
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injured deer

I was asked this the other day,lets say you are driving down the highway
and you come upon a deer that is fataly wounded, if you have a ccw permit
could you go ahead and end the deers suffering(shoot it) is it legal
this is in ohio I know gun laws vary from state to state
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Old January 13, 2007, 01:36 PM   #2
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While putting it out of it's misery might be the moral thing to do.....legally you could get in a lot of trouble. All it takes is one "by the book" LEO to write you up for a number of violations from illegal discharge of a firearm to poaching. Then the burden's put on you to prove differently. Best solution is to call an LEO and have them dispatch the animal.
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Old January 13, 2007, 01:45 PM   #3
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I agree. You've got the issue of discharge of a firearm on the right of way of the road. You've also got the the game law issues.

I came upon a deer a few years ago that had been hit on the interstate. I was getting on the on ramp and the deer was laying between the on ramp and the highway. I pulled over and got out of my truck. I was about to call the local HP office when a trooper pulled up behind me and dispatched the animal. He offered me the meat but I was on my way to work and had to decline.
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Old January 13, 2007, 03:18 PM   #4
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There are a lot of variables in this situation. A lot of it depends on where you live. Living in a free state (Texas), I wouldn't worry about it too much. If, however, I lived in an occupied state, I would have a lot more to consider.

Other variables could include how busy the road was at the time (I think it would be bad mojo to do it on a busy interstate, and might be best left to the authorities.) The time of day could be another one.

I don't know, this is kind of hard to answer with a blanket yes or no, but I would guess/hope I would do the right thing depending on the situation.
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Old January 13, 2007, 03:44 PM   #5
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hey ive actually been in this situation. comin back from huntin camp about 3am, i see a doe in the road. it was hit and it wasnt pretty. the 2 back legs were barely hangin on. well i called the FWC and they said as long as there was no traffic, i could put it down with a gun. so one shot from my 12ga and that was that.
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Old January 13, 2007, 07:15 PM   #6
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Same situation

Couple or three months ago some tourists on the way to Houston hit a deer and crippled it, ruined their vehicle's cooling system. Their cellphone wouldn't work here. They asked me to put it out of it's misery. I could not, in Texas it wasn't deer season and illegal to shoot from the road or in same. Called the local Sheriff's Dispatcher where the situation was taken care of.
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Old January 13, 2007, 08:15 PM   #7
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I'd be carefull w/ discharge of a firearm in TX stinger...It is a felony offense to discharge a firearm on a public right of way. This law was inacted to proscecute gangsters for committing drive by's, but it probably depends on where you are at as to how technical an officer would get w/ you. That being said, If I had my BOW with me, I'd do it and not think twice. If I did not, I still might, regardless of the law, depending on what part of the state I'm in...
VEGETARIAN...old indian word for bad hunter
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Old January 14, 2007, 02:22 AM   #8
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It's difficult, as it's often a moral issue as well as a legal issue.

In my county, calling law enforcement is appropriate, but the county sheriff could be anywhere from 10 minutes to 2 hours away, depending on manpower and caseload. Would I let a deer lie on the side of the road and suffer for a half an hour or more? No, not if I could SAFELY dispatch it. Most deputies I know would even expect a person who could do so to do it, as a judgement of ethics.

OTOH, Florida Highway Patrolmen are specifically prohibited by policy from using their weapons to hasten a wounded animals demise, and instructed to call for Fish and Wildlife to do it. That's a fine theory, but I know that at night, FWC can be easily an hour or more away.
A gun is just a tool, the real weapon lies behind the face in the mirror.
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Old January 14, 2007, 02:50 AM   #9
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when i called, they asked me if the animal could be treated, and i said no. they then asked if i had a way to put it down. i told them i had a knife and a shotgun. they had me wait a few seconds(im guessin to see if they had a unit close by) and then they told me that i could use my shotgun to put it down. im guessin this doe would have been dead in about 15 minutes anyways, as when i walked up to it, it just eyeballed me and didnt even try to move. but it may have been parralized or somethin.
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Old January 16, 2007, 04:01 PM   #10
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My uncle is a Conservation Officer here in Indiana. I recently asked him that very question. He said I would have to call the police (which would prolly give me the go ahead to put the animal down) or I could be charged with killing the deer out of season and have my truck and gun confiscated.
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Old January 16, 2007, 04:19 PM   #11
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Me & my bro was riight behind some older folks who hit a deer once. The deer expired quickly and LEO's were called to take the report. They asked why we were there and we told them we wanted the deer for the meat. They gave it to us, along with a meat donation certificate, so all was well along those lines.

If it happened where the deer didn't immediately expire, or LEO's were not on the scene...I think a cell phone call to the police at the time wouldn't take much time and permission to put the deer down given, an incident reference number be taken down, and that way if anyone called in for the sound of the shot, it would be on file so no trouble would come of it I think. Seems reasonable. If conscience dictated to down the deer quickly so as not to cause any more TA's etc., use your head, do what you have to do, and then stow the weapon in case LEO shows up. That would seem to be the right thing to do in that instance.
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