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No fence, No Property sign - LEGAL??? #1098694 12/11/09 06:45 PM
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softcalling 24/7 Offline OP
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Wow everyone!

I found a field loaded with thousands of geese in the Sherman area. I know that everyone always says the law is if there's no fence or sign, you can hunt it. I was just wondering if this was true? I'm not going to kill the geese either way because I don't care for them as much as I do for ducks, but it made me wonder.

Goodluck to all tomorrow!


Re: No fence, No Property sign - LEGAL??? [Re: softcalling 24/7] #1098752 12/11/09 07:02 PM
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I just replied to your pm





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Re: No fence, No Property sign - LEGAL??? [Re: FowlDreams] #1098764 12/11/09 07:05 PM
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Legal-Nope. Now, will you get a trespassing ticket...probably not since it is not posted and landowner not wanting to hassle with it. It is private land and you don't have permission to hunt it. Just because it isn't posted or have a fence doesn't make it public access.



If you can't lick your own, you can't sit on the dog stand!
Re: No fence, No Property sign - LEGAL??? [Re: No-Tox] #1098785 12/11/09 07:10 PM
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softcalling 24/7 Offline OP
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Ok thanks! I was just wondering because everyone tries to act like you can hunt it until they kick you off or whatever and it's legal.. I knew it wasn't. Was just wondering


Re: No fence, No Property sign - LEGAL??? [Re: softcalling 24/7] #1098790 12/11/09 07:12 PM
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never fight someone you can't get your arms around and never hunt someone else's property without permission



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Re: No fence, No Property sign - LEGAL??? [Re: softcalling 24/7] #1098795 12/11/09 07:13 PM
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There is at least two, maybe three laws/regulations that would cover that ranging from a Class C to Class A misdemeaner. As well as Civil Restitution fees for anything you kill.

Regardless of some sort of loophole your looking for on the Criminal Tresspass, TPWD code still reads something like this and does not matter if the land is posted or not:

It is unlawful to fish on privately owned waters, fish in public water from private land, or hunt on privately owned lands without the permission of the owner or the owner's agent.

See if you can find the landowner and get permission. You would probably be welcomed if the birds are wearing out the field. I got maybe 150 snow decoys that I could contribute to the effort which would not be enough. More decoys would need to be added to the pool. My decoys would require my escort of course. wink




Re: No fence, No Property sign - LEGAL??? [Re: Sniper John] #1098826 12/11/09 07:21 PM
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Originally Posted By: Sniper John
There is at least two, maybe three laws/regulations that would cover that ranging from a Class C to Class A misdemeaner. As well as Civil Restitution fees for anything you kill.

Regardless of some sort of loophole your looking for on the Criminal Tresspass, TPWD code still reads something like this and does not matter if the land is posted or not:

It is unlawful to fish on privately owned waters, fish in public water from private land, or hunt on privately owned lands without the permission of the owner or the owner's agent.

See if you can find the landowner and get permission. You would probably be welcomed if the birds are wearing out the field. I got maybe 150 snow decoys that I could contribute to the effort which would not be enough. More decoys would need to be added to the pool. My decoys would require my escort of course. wink





I gave all my deeks away but I got a speck and snow call and I aint afraid to use em!


Last edited by nogeese; 12/11/09 07:22 PM.

Re: No fence, No Property sign - LEGAL??? [Re: nogeese] #1098894 12/11/09 07:39 PM
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just for chitsngiggles, google Texas Castle Law and do a little reading.

If you entered upon someone elses property without permission, and they later claimed that you threatened them, when they confronted you, they have a right to use deadly force to protect themself. They do NOT need to retreat. Merely being in fear or grave harm or death and they can shoot to kill.

Kinda sobering situation to be in, huh?


Re: No fence, No Property sign - LEGAL??? [Re: Cappy_TX] #1098903 12/11/09 07:42 PM
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Certainly makes me think twice about crossing that barb wire fence! Haha.

If you want to do some door knockin, and you're looking for some extra guns, I've got a 15 and 13 year old cousin in melissa that would love to get into some geese. Me and my older cousin could get into it too. Let me know!



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Re: No fence, No Property sign - LEGAL??? [Re: softcalling 24/7] #1099062 12/11/09 08:21 PM
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Here you go...
If there are no signs posted, no fence or purple paint displayed, do I need consent to hunt?

Here is a link to multiple trespassing FAQs...
Trespassing FAQs

Trespassing and poaching are two different things. If it is not properly marked, and you wander onto the property, then you are not necessarily trespassing. If owner comes out and says get lost and you don't, you are trespassing.

Hunting on someone's land requires additional permission besides permission to be on the land. Comes down to poaching. So, know your leased land property lines...


Re: No fence, No Property sign - LEGAL??? [Re: firefightnjoey] #1099082 12/11/09 08:33 PM
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Ummmm no its not legal.


Re: No fence, No Property sign - LEGAL??? [Re: Jasb] #1099245 12/11/09 09:18 PM
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So, what was all the big hubub around McKinney then with dove hunters? I didn't get all the details but I had some guys tell me it was legal to hunt if it was over 10 acres. That's what all the fuss up there was about. True?


Re: No fence, No Property sign - LEGAL??? [Re: TBK] #1099574 12/11/09 11:06 PM
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haha im going to probably talk to the guy that owns it if my duck hunting doesnt go as planned. and considering i have no geese decoys someone may be in luck! lol


Re: No fence, No Property sign - LEGAL??? [Re: TBK] #1099580 12/11/09 11:08 PM
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[quote=TBK]So, what was all the big hubub around McKinney then with dove hunters? I didn't get all the details but I had some guys tell me it was legal to hunt if it was over 10 acres. That's what all the fuss up there was about. True?[/quote

i think i know what your talking about


Re: No fence, No Property sign - LEGAL??? [Re: softcalling 24/7] #1101144 12/12/09 08:49 PM
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It doesn't even have to be fenced or marked if it is crop land that is under cultivation...


Re: No fence, No Property sign - LEGAL??? [Re: sig226fan (Rguns.com)] #1101850 12/13/09 03:55 AM
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It's obviously private land and you need to ask permission first. Would you walk into a strangers house because the doors were left open?

I know in California you can get a poaching fine if you are trespassing and shooting game animals. Trust me, I've seen it happen to a few guys that were on my family's property. We had signs posted though!

It's always better to talk to the landowner and ask permission. A lot less headache for both parties than it would be if you get caught trespassing.


Re: No fence, No Property sign - LEGAL??? [Re: Ridn9high] #1101939 12/13/09 04:43 AM
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Permission is needed if you want to avoid some serious legal consequences...just because geese are wearing a field out dont mean you will get it, trust me, been turned down on that account many a times. You want to hunt it get the land owners name off of a land map you purchase from the county or do some knocking on doors in the area...you can find out a lot by just doing a little bit of talking. Geese are a blast to hunt, especially the honkers, and sherman county sees its fair share. Goodluck with it, if hunting geese in this state was as accessible as duck hunting is I'd have a hard time picking ducks over them. Unfortunately getting on places in this state with a simple polite request isnt all that common in most regions unless you know some people.


Last edited by woodiesmacker; 12/13/09 04:43 AM.
Re: No fence, No Property sign - LEGAL??? [Re: TBK] #1101943 12/13/09 04:45 AM
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Originally Posted By: TBK
So, what was all the big hubub around McKinney then with dove hunters? I didn't get all the details but I had some guys tell me it was legal to hunt if it was over 10 acres. That's what all the fuss up there was about. True?


That has to do with where the land is located...pertaining to its legality of hunting...not whether you needed permission or not to hunt.


Re: No fence, No Property sign - LEGAL??? [Re: Ridn9high] #1102244 12/13/09 03:47 PM
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Originally Posted By: Ridn9high
It's obviously private land and you need to ask permission first. Would you walk into a strangers house because the doors were left open?

I know in California you can get a poaching fine if you are trespassing and shooting game animals. Trust me, I've seen it happen to a few guys that were on my family's property. We had signs posted though!

It's always better to talk to the landowner and ask permission. A lot less headache for both parties than it would be if you get caught trespassing.



Thank God we are not in California... and no, I wouldn't walk into someone's house.....read carefully, I was the one that said it was illegal.... even expanded on the idea.....


Re: No fence, No Property sign - LEGAL??? [Re: sig226fan (Rguns.com)] #1102299 12/13/09 04:29 PM
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There are some fields in Hagerman on Lake Texoma that have no fence with millions of geese and fell free to go out there and but out a spread and see what happens smile



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Re: No fence, No Property sign - LEGAL??? [Re: sig226fan (Rguns.com)] #1102413 12/13/09 06:08 PM
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Originally Posted By: sig226fan (Rguns.com)
Originally Posted By: Ridn9high
It's obviously private land and you need to ask permission first. Would you walk into a strangers house because the doors were left open?

I know in California you can get a poaching fine if you are trespassing and shooting game animals. Trust me, I've seen it happen to a few guys that were on my family's property. We had signs posted though!

It's always better to talk to the landowner and ask permission. A lot less headache for both parties than it would be if you get caught trespassing.



Thank God we are not in California... and no, I wouldn't walk into someone's house.....read carefully, I was the one that said it was illegal.... even expanded on the idea.....


Sig,

My reply is concerning the first post on the page not yours.


Re: No fence, No Property sign - LEGAL??? [Re: Ridn9high] #1102475 12/13/09 06:41 PM
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Thanks!


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