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Hypothetically speaking..... #7375672 12/13/18 03:21 PM
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Lets say you are hunting and you hear a gunshot that is close, but obviously not on your place. A few minutes later a buck comes trotting by and you drop him with one shot. When you inspect the deer, you notice that he had already been shot and there is a blood trail. The buck is a trophy, probably 145". You know that sooner or later someone will be trailing that deer up to your property line and you will have to talk with someone. What would you do in this case? Something that doesn't happen everyday, but a very real situation indeed. Has this ever happened to anyone with a good buck?

This actually did happen to me once, but the buck was a spike. I threw the deer over my shoulder and packed him off the hillside to the road. I never saw anyone so I carried him back to our cabin and hung him up. As I was hauling him out, I thought that if I met the original hunter that wounded him I would offer him half of the meat just to be nice.


Rob Valle
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Originally Posted By: Texsun
The three things you need in life are a good doctor, lawyer and taxidermist.

Re: Hypothetically speaking..... [Re: rob valle] #7375678 12/13/18 03:28 PM
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Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.

Re: Hypothetically speaking..... [Re: DQ Kid] #7375692 12/13/18 03:55 PM
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Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.


i totally agree.

Re: Hypothetically speaking..... [Re: Whack n stack] #7375703 12/13/18 04:02 PM
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Put the shoe on the other foot and it seems self explanatory to me....

If you shot and hit a buck, trailed it.........................................

Re: Hypothetically speaking..... [Re: Whack n stack] #7375706 12/13/18 04:04 PM
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Originally Posted by Whack n stack
Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.


i totally agree.

X2


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Re: Hypothetically speaking..... [Re: rob valle] #7375711 12/13/18 04:07 PM
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X3. Go to the fence crossing, meet the other hunter and give it up

Re: Hypothetically speaking..... [Re: rob valle] #7375722 12/13/18 04:13 PM
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I would walk to the fence, show the deer off and tell them sorry fence hunters! Oh, thow the liver over or something so can at least eat. bolt

Re: Hypothetically speaking..... [Re: rob valle] #7375729 12/13/18 04:22 PM
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Situations like this have been going on since man first began to hunt.
One early record comes down from Gaius, second-century Roman patriarch of modern lawmakers. “One does not become the proprietor of a wild beast which he has wounded, but which he has not effectually taken,” he wrote. “Pursuit alone vests in the sportsman no property in the animal pursued; and even pursuit accompanied by wounding is equally ineffectual for the purpose, unless the animal is actually taken.” The English later adopted this law as their own, and in time, it spread to America as well.

One early U.S. case involved two New York deer hunters. Mr. Fenning shot a buck. The deer fell but quickly rallied and disappeared with Fenning’s dogs in pursuit. Darkness was falling, so Fenning abandoned the chase and returned to camp.

Six miles from where Fenning wounded it, a second hunter, Mr. Fargo, shot the animal and finished it off. Back on the deer’s trail next morning, Fenning came upon Fargo and his kill and argued his right to the buck because he had wounded it with a shot he believed would prove fatal. Fargo believed the deer was his because he fired the killing shot. Fenning took the case to court — and lost.

“The animal was not deprived of his natural liberty so as to be within Fenning’s control when Fargo gave the finishing shot. The prize must go to Fargo for that shot.”“It is sufficient to give the hunter legal ownership,” the decision read, “if the animal has been deprived of his natural liberty so it is brought within the power and control of the pursuer. But this deer, though wounded, ran six miles.

Now, none of this answered the OP question of what would you do, but hopefully it answered the question of what might be legal. Courts seem to use the "possession is 99% of the law," ruling.


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Re: Hypothetically speaking..... [Re: Txduckman] #7375730 12/13/18 04:22 PM
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Originally Posted by Txduckman
I would walk to the fence, show the deer off and tell them sorry fence hunters! Oh, thow the liver over or something so can at least eat. bolt

Wow, didn't hear anything in the scenario about fence hunters but every wounded deer is definitely shot by a fence hunter, right.

Re: Hypothetically speaking..... [Re: rob valle] #7375757 12/13/18 04:53 PM
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I saw it happen many times during my teenage years when I lived in Mississippi where they still have a season when dogs can be used to hunt deer. The general rule was the deer belonged to whoever took it down. Most of the time, the deer was some distance from the spot where it had been wounded, which made it more difficult to learn who shot it first.

The possession rule, which I favor, no doubt helps encourage good shooting while discouraging hunting near fence lines. I have a stand that’s near a fence, but I never take a shot at a deer that’s likely to end up on the other side of it.


Dan,

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Re: Hypothetically speaking..... [Re: DQ Kid] #7375799 12/13/18 05:15 PM
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Originally Posted by DQ Kid
Originally Posted by Txduckman
I would walk to the fence, show the deer off and tell them sorry fence hunters! Oh, thow the liver over or something so can at least eat. bolt

Wow, didn't hear anything in the scenario about fence hunters but every wounded deer is definitely shot by a fence hunter, right.


Exactly! loser8 Hopefully sarcasm is sensed here.

Re: Hypothetically speaking..... [Re: Mr. T.] #7375882 12/13/18 06:28 PM
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Originally Posted by Mr. T.
Situations like this have been going on since man first began to hunt.
One early record comes down from Gaius, second-century Roman patriarch of modern lawmakers. “One does not become the proprietor of a wild beast which he has wounded, but which he has not effectually taken,” he wrote. “Pursuit alone vests in the sportsman no property in the animal pursued; and even pursuit accompanied by wounding is equally ineffectual for the purpose, unless the animal is actually taken.” The English later adopted this law as their own, and in time, it spread to America as well.

One early U.S. case involved two New York deer hunters. Mr. Fenning shot a buck. The deer fell but quickly rallied and disappeared with Fenning’s dogs in pursuit. Darkness was falling, so Fenning abandoned the chase and returned to camp.

Six miles from where Fenning wounded it, a second hunter, Mr. Fargo, shot the animal and finished it off. Back on the deer’s trail next morning, Fenning came upon Fargo and his kill and argued his right to the buck because he had wounded it with a shot he believed would prove fatal. Fargo believed the deer was his because he fired the killing shot. Fenning took the case to court — and lost.

“The animal was not deprived of his natural liberty so as to be within Fenning’s control when Fargo gave the finishing shot. The prize must go to Fargo for that shot.”“It is sufficient to give the hunter legal ownership,” the decision read, “if the animal has been deprived of his natural liberty so it is brought within the power and control of the pursuer. But this deer, though wounded, ran six miles.

Now, none of this answered the OP question of what would you do, but hopefully it answered the question of what might be legal. Courts seem to use the "possession is 99% of the law," ruling.



Man a deer covering 6 miles wounded? Must not be much of a wound, surprised the hunter/dog was able to find it.


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Re: Hypothetically speaking..... [Re: rob valle] #7375888 12/13/18 06:34 PM
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It totally depends on the other hunters attitude. In most circumstances, I’d be happy to let them have the deer,

If, on the other hand, they crossed onto my property without permission, or were set up hunting the fence line, or generally had a bad attitude, I’d be happy to tell them to pound sand.

Re: Hypothetically speaking..... [Re: Mr. T.] #7375910 12/13/18 06:49 PM
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Originally Posted by Mr. T.
Originally Posted by Whack n stack
Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.


i totally agree.

X2

X3 Totally agree..............


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Re: Hypothetically speaking..... [Re: rob valle] #7375930 12/13/18 07:09 PM
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Interesting topic. For me it would depend about 95% on the other guy whether he gets it back or not. Did he shoot well? Was he an arsehole? Do I already like him or dislike him from previosu interactions? lol


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Re: Hypothetically speaking..... [Re: rob valle] #7375945 12/13/18 07:19 PM
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How about this. You are hunting elk in Colorado a national forest. An elk walks out below a ridge you are hunting, You shoot it, the elk spins around, and then another hunter shoots it. The elk doesn't drop so you shoot again and so does the other hunter. The elk finally drops. The other hunter says it's his bull. Who gets to clam the bull?
This happened to me. Instead of getting into a fight over an elk, I told him to take the bull. The next morning, I was hunting the same ridge and another bull walked out. I shot it and then heard another shot. He comes running over to me with his wife right behind him. This time he tells me that I killed that one and if I needed help getting it out he would help me.

Re: Hypothetically speaking..... [Re: furfinrfeather] #7375962 12/13/18 07:48 PM
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That is some serious karma right there. Was the second bull bigger than the first? Just curious


Rob Valle
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Originally Posted By: Texsun
The three things you need in life are a good doctor, lawyer and taxidermist.

Re: Hypothetically speaking..... [Re: rob valle] #7376002 12/13/18 08:31 PM
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The few guided hunts I have been on always had the same rule " Animal belongs to whoever puts it down to stay" but if the first shooter was a decent person and the shot was good I'd give it to them.


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Re: Hypothetically speaking..... [Re: rob valle] #7376460 12/14/18 02:21 AM
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Almost exact thing happened to me a few years back. Shot fired so close I jumped, but I could tell it wasn't on our side of the fence, and I was alone at the lease. Half hour later, I see a deer limping through the woods coming towards my blind. At some point I can see it was a young spike and one of his front legs was broken. I assumed it was related to the shot fired earlier. He walked to within 10 yds of my blind so I shot him, because he was going to die. On closer inspection I could see where hair was missing on his lower abdomen from being grazed. His broken leg was on the opposite side and appeared to be broken too high for the round. He was with two other bucks that didn't follow him to me. Maybe the hunter was shooting at one of them? I think the spike broke his leg getting through/over the fence.
Anyway, it was the last day of the regular season and late Sunday morning. I called the GW and told him what happened. He said I could tag it and keep the meat if that's what I wanted. I said if he thought he could find the hunters, they could meet me at the house and pick up their deer. He found them, and they got their deer.
In my relaying what happened to the GW, I expressed my concern with how close the shot seemed to be. That was not discussed when they came to pick up the deer. I assume or hope that if they were doing something shady, they had their "Oh Sh*t" moment when the GW rolled up.

Re: Hypothetically speaking..... [Re: rob valle] #7376653 12/14/18 12:41 PM
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Non lethal shot by initial hunter waives his claim. Death shot by final hunter settles the issue.

Re: Hypothetically speaking..... [Re: rob valle] #7376679 12/14/18 01:29 PM
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D duel debate.

confused2 back in d day, twas ethical ta follow a wounded animal. Reminds me of some of d HF topics. People own deer.
flag

Last edited by colt.45; 12/14/18 01:30 PM.


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Re: Hypothetically speaking..... [Re: DQ Kid] #7376693 12/14/18 01:43 PM
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Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.



Same here.

I have had to help put down some peoples deer that I was hunting with and sure didn’t count them as mine just because I was the last one to put a bullet in them.


Re: Hypothetically speaking..... [Re: DQ Kid] #7376753 12/14/18 02:19 PM
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Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.


Sounds pretty good until you break down the components. All too often, Hunter 1 + Hunter 2 + Trophy Buck does not equal anything Logical, particularly if it is late in the season. roflmao

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Re: Hypothetically speaking..... [Re: Double Naught Spy] #7376756 12/14/18 02:23 PM
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Originally Posted by Double Naught Spy
Originally Posted by DQ Kid
Think I would have to logically evaluate the mortality of the first shot, a grazed leg or grazed anywhere shot, I'm keeping it. A boiler room shot or gut shot and I basically shot a deer on it's last legs, I'd probably give it up. A lot would depend on how the other hunter approached it too. If he's polite and respectful in his pursuits of retrieving said deer that was mortally wounded, then I would likely give him the deer.


Sounds pretty good until you break down the components. All too often, Hunter 1 + Hunter 2 + Trophy Buck does not equal anything Logical, particularly if it is late in the season. roflmao


This is true. Still, not too sure there’s a lot of trophy left in a deer you failed to bring down by yourself.


Dan,

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Re: Hypothetically speaking..... [Re: rob valle] #7376994 12/14/18 06:07 PM
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Scored 145....meh.....they can have it.....anything over 180 is mine.....Hypothetically speaking.....


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