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Written permission to hunt private land
#8388470
09/17/21 10:24 PM
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Joined: Jul 2008
Posts: 22,259
Texas Dan
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While there's a law on the books that states hunters must carry written permission to hunt private land they don't own, I've never had a TPWD officer ask for it.
Has anyone ever been asked to show such written permission? It's my understanding that in Texas, hunting without landowner permission is a felony.
I now carry such written permission in documents saved in my smartphone. Have no idea if that's enough or if a paper document in necessary.
"Some people will never like you because your spirit irritates their demons."
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388487
09/17/21 10:39 PM
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Joined: Feb 2007
Posts: 26,548
JCB
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That law may exist but I have never seen it written in the outdoor annual, and no I dont carry proof and have never been asked for it either.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388494
09/17/21 10:45 PM
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Joined: Feb 2007
Posts: 26,548
JCB
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5 minutes of google turned up no law like that in Texas. Some states require written permission but all I can find about Texas is you must have permission. Found nothing about requiring written proof.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388511
09/17/21 10:52 PM
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Joined: Feb 2007
Posts: 26,548
JCB
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Found this: Looks like it was repealed in 1985 if I am reading (e) right.
Sec. 62.012. WRITTEN CONSENT TO HUNT OR TARGET SHOOT REQUIRED. (a) This section applies only to a county having a population of 3.3 million or more. This section does not apply to a person hunting or target shooting on a public or private shooting range.
(b) Except as provided by Subsection (d) of this section, no person possessing a firearm may hunt a wild animal or wild bird, or engage in target shooting on land owned by another unless the person has in his immediate possession the written consent of the owner of the land to hunt or engage in target shooting on the land.
(c) To be valid, the written consent required by Subsection (b) of this section must:
(1) contain the name of the person permitted to hunt or engage in target shooting on the land;
(2) identify the land on which hunting or target shooting is permitted;
(3) be signed by the owner of the land or by an agent, lessee, or legal representative of the owner; and
(4) show the address and phone number of the person signing the consent.
(d) The owner of the land on which hunting or target shooting occurs, the landowner's lessee, agent, or legal representative, and a person hunting or target shooting with the landowner or the landowner's lessee, agent, or legal representative are not required to have in their possession the written consent required by Subsection (b) of this section.
(e) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388515
09/17/21 10:55 PM
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Joined: Feb 2010
Posts: 11,658
GusWayne
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It’s that way in Oklahoma I had my FIL send me a text, which i took a screenshot of In 15 plus years, he is the only one who has been checked by the GW on that place The GW asked him who gave him permission to hunt there He said I own this place and that’s when the GW said anybody else hunting here needs written permission And that’s a tiny piece of what chaps my azz about GW’s
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388530
09/17/21 11:21 PM
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Joined: Feb 2013
Posts: 4,694
krmitchell
Extreme Tracker
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Never had written consent. Me having keys/combo to every gate is my written permission. Along with all my belongings, trailer, feeders, blinds etc. being there.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388581
09/18/21 12:01 AM
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Joined: Sep 2012
Posts: 15,976
Jimbo1
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I have a handshake deal so no document exists. Maybe a copy of the camp electric bill in my name would suffice.
FJB - Lets Go Brandon BBB - Bring Back Better Awake - Not Woke!
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388584
09/18/21 12:04 AM
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Joined: Jul 2008
Posts: 22,259
Texas Dan
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Thanks for the replies. I’ve been watching too many episodes of Lone Star Law. That’s where I saw it reported as a felony in Texas.
As for having a key to the gate being enough, I could see the potential for the landowner being left in the dark when the property is being subleased, say by someone who owns the grazing rights.
Last edited by Texas Dan; 09/18/21 12:05 AM.
"Some people will never like you because your spirit irritates their demons."
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388587
09/18/21 12:14 AM
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Joined: Mar 2010
Posts: 12,189
ntxtrapper
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Texas Parks & Wildlife Code 62.012 still applies but only in Harris County. Verbal consent in the other 253 counties.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388594
09/18/21 12:21 AM
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Joined: Oct 2015
Posts: 793
MClark
Tracker
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Tracker
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I was talking about this with my friend/landowner. He took a scrap of paper and wrote "Mark can hunt here" signed and phone number.
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Re: Written permission to hunt private land
[Re: MClark]
#8388778
09/18/21 02:55 AM
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Joined: Jan 2011
Posts: 606
Cajunrotor
Tracker
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Tracker
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I was talking about this with my friend/landowner. He took a scrap of paper and wrote "Mark can hunt here" signed and phone number.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388780
09/18/21 02:56 AM
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Joined: Dec 2020
Posts: 1,422
Sewer rat
Pro Tracker
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I generally think TP&W wardens are honest, rational, and and just trying to do what is right. I am sure that there are a few who are not but most are. I think one needs to look at the intent of the law. The written permission thing is a tool allowing for a method to penalize a trespasser who "says" they had permission. I have seen this play out several times. Some lowlife gets caught trespassing. When confronted they say so and so gave them permission. Either they were lost, misunderstood them, whatever - an honest mistake is their excuse. I have seen some clever stories that get people off the hook but it is all made up.
I seriously doubt there would ever be felony charges pressed for not having written permission unless the landowner was on board. If the landowner was saying they gave them permission and didn't know they needed a note the issue will be dropped. There might be some minor slap on the wrist fine but no one is catching a felony over not having a note to be on someone's property when that someone is saying they are welcome there.
If you are on some property where you are not welcome well then you deserve whatever is coming.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388891
09/18/21 05:27 AM
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Joined: May 2011
Posts: 8,239
Double Naught Spy
THF Trophy Hunter
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Lone Star Law is a television show, nothing more. I would not take legal direction from there.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8388953
09/18/21 12:07 PM
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Joined: Feb 2015
Posts: 5,164
flintknapper
THF Trophy Hunter
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Thanks for the replies. I’ve been watching too many episodes of Lone Star Law. That’s where I saw it reported as a felony in Texas.
As for having a key to the gate being enough, I could see the potential for the landowner being left in the dark when the property is being subleased, say by someone who owns the grazing rights. Not a felony. Basically criminal trespass if a firearm is involved....so at most a Class A misdemeanor.
Spartans ask not...how many, but where!
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Re: Written permission to hunt private land
[Re: Double Naught Spy]
#8389027
09/18/21 01:16 PM
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Joined: Aug 2016
Posts: 8,317
Herbie Hancock
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Lone Star Law is a television show, nothing more. I would not take legal direction from there. Speaking of that, when we got checked by a warden during the opener of dove, some [censored] starting chatting him up about that damn show. I could tell that the warden wasn't interested at all to talk about it at all. I am sure majority of the wardens are over that show and getting asked about it all the time.
It takes beer to make thirst worthwhile - J. Fred Schmidt
The internet is an I.Q. Test, people post their scores in the comment section.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8389061
09/18/21 01:34 PM
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Joined: Dec 2016
Posts: 3,793
Wytex
Extreme Tracker
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We have that law up here and most landowners will sign the back of your licenses for written proof, they tend to sign the landowner coupon part.
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Re: Written permission to hunt private land
[Re: Double Naught Spy]
#8389475
09/18/21 07:34 PM
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Joined: Mar 2010
Posts: 12,189
ntxtrapper
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Lone Star Law is a television show, nothing more. I would not take legal direction from there. ^^^^^^
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8389593
09/18/21 09:36 PM
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Joined: May 2011
Posts: 8,239
Double Naught Spy
THF Trophy Hunter
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THF Trophy Hunter
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Posts: 8,239 |
Has anyone ever been asked to show such written permission?. I mentioned this in a previous thread. Somebody called me in for hunting on a property and the GW showed up. He asked if I had permission and I said I did. He asked if I had written permission and I said that I did not and was not required to have it by state law. He told me he would need the phone number of the landowner to verify that I had permission to hunt. I told him that I would not provide the landowner phone number and since he didn't know it, then he had no valid complaint. He actually told me that he could make me leave the property because I could not prove I had permission to hunt and I explained that he could not since he didn't have a valid complaint. In the end, the game warden left and I continued to hunt.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8389722
09/18/21 11:41 PM
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Joined: Nov 2005
Posts: 5,306
DLALLDER
THF Trophy Hunter
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Sure does settle a lot of arguments quickly. Example: I had leased a 150 acres from a landowner in South Louisiana and found several boy scouts & their leader camped out on it. Told me they had permission from the owner's nephew. A call to the local GW and the piece of paper in my pocket let the group know they did not have the right to be there. They did get to continue their camping trip for 2 nights but with the agreement that the nephew did not have authority to allow anyone to do anything on the 150 acres. The Uncle straighten out the nephew a few days later.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8390439
09/19/21 05:16 PM
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Joined: May 2011
Posts: 8,239
Double Naught Spy
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I can write on a piece of paper that I have permission to hunt pretty much any property, LOL. A piece of paper does not make anything authentic unless the party querying the trespass can validate the paper.
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8390710
09/19/21 09:21 PM
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Joined: Oct 2019
Posts: 110
Ftttu
Woodsman
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Woodsman
Joined: Oct 2019
Posts: 110 |
As noted above, the law mentioned is still in effect, but for a county with 3.3 million or more. The "(e)" is the only thing repealed, whatever that was.
GWs as well as other LEOs will bluff more authority than they have, but most don't do it to be mean. Most know the law, many know the spirit and letter of the law, while fewer just outright don't know it.
Retired!
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Re: Written permission to hunt private land
[Re: Double Naught Spy]
#8390972
09/20/21 01:30 AM
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Joined: Feb 2015
Posts: 5,164
flintknapper
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2015
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I can write on a piece of paper that I have permission to hunt pretty much any property, LOL. A piece of paper does not make anything authentic unless the party querying the trespass can validate the paper. 'Tis an excellent point. Though one of the requirements is the address and phone number of the Land Owner.
Last edited by flintknapper; 09/20/21 01:32 AM.
Spartans ask not...how many, but where!
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Re: Written permission to hunt private land
[Re: Texas Dan]
#8391260
09/20/21 12:12 PM
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Joined: Jan 2009
Posts: 12,155
kry226
The General
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The General
Joined: Jan 2009
Posts: 12,155 |
I always provide anyone I let hunt my land a written permission document with the appropriate contact info. It's too easy to validate that document. It's always better to have and not need than to need and not have, and I don't want my friends harassed by a GW, or a nosy neighbor.
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