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Hunter harassment
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Pumpkinslinger
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PostPosted: Sat Dec 10, 2011 10:06 am    Post subject: Hunter harassment Reply with quote

Well, I've run into my first case of hunter harassment. Nothing really major but the neighbor of one of my friends who lets me hunt his land sure showed his butt the last couple of days. When the neighbor saw that we were hunting there yesterday evening he went out of his way to make noise, yell, bang on a metal bucket, etc. Today when he saw my car he walked down into the woods and started shooting into the air, yelling, etc. The jackass is on his own property so I doubt there is anything we can do about it, even with the "no harassment" laws. Now this guy isn't anti-hunting, he's just a Grade A SOB. My buddy has had numerous run ins with him over the years, all involving the guy or his kid trespassing on my friend's land. Hunting spots are kinda hard to find around here so this is disappointing.

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Ominivision1
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PostPosted: Sat Dec 10, 2011 10:32 am    Post subject: Re: Hunter harassment Reply with quote

First of all, you had permission from your friends to hunt his property, 2nd it is called harassment against a hunter who posses a license to legally hunt game. I know for a fact if you would have called the DNR, they would have came out and busted him for harassment and recklessly discharging a firearm.

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Pumpkinslinger
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PostPosted: Sat Dec 10, 2011 1:07 pm    Post subject: Re: Hunter harassment Reply with quote

I'm looking over NC law regarding hunter harassment and I don't think there is anything we can do because the jerk was on his own property, adjoining the property we were hunting on. I'll keep looking though, and think I'll shoot an email to the NC WRC.

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Ominivision1
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PostPosted: Sat Dec 10, 2011 1:44 pm    Post subject: Re: Hunter harassment Reply with quote

Might want to read this Mike, its for NC. www.animallaw.info/sta...13_295.htm

And one more from NC dnr website, look at the right column regarding hunting harassment. www.ncwildlife.org/Hun...afety.aspx

Another thought, take your camera with next time and catch him in the act.

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Dimitri
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PostPosted: Sat Dec 10, 2011 2:43 pm    Post subject: Re: Hunter harassment Reply with quote

Pumpkinslinger wrote:
The jackass is on his own property so I doubt there is anything we can do about it, even with the "no harassment" laws.

Thing is, while someone is hunting, if your shooting in the air, it is unsafe anyways, and probably already separately illegal, but combine the fact you hunt on that land and he knew hunting happens on the land you were on as he did it, proves intent to harass a hunter.

One of my hunting buddies had a guy shooting a shotgun wildly into the air when he was trying to hunt, called the MNR, went back to his truck left his gun then went up the guys driveway to confront him. When the police arrived, they said that only hunters give a damn about wildlife and pay for conservation efforts when the guy tried to justify his actions to "protect animals", charged him with harassment and took away his guns. After the court he lost his firearm license too and paid a few thousand in fines for hunter harassment.

Dimitri

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Pumpkinslinger
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PostPosted: Sat Dec 10, 2011 4:31 pm    Post subject: Re: Hunter harassment Reply with quote

I've emailed the WRC with the details so we'll see what they say. I appreciate your input!

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Donut Slayer
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PostPosted: Sat Dec 10, 2011 7:43 pm    Post subject: Re: Hunter harassment Reply with quote

Good Luck PS. Keep us updated if ya dont mind.

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Vince
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PostPosted: Sat Dec 10, 2011 11:29 pm    Post subject: Re: Hunter harassment Reply with quote

If I read the articles posted by OV1 correctly...this guy is doing the wrong thing.

There is no doubt in my mind that this guy is deliberately trying to disturb and spook any wildlife in order to disrupt your hunt.

If you are able to prove his actions Punkin, then you have him by the ball$ and it's just a matter of how hoard you want to squeeze them mate.

My only concern is the "opening" left him to "undertake lawful activities" in order to create noise in order to spook animals.

quote: "This subsection does not apply to a person who incidentally interferes with the taking of wildlife resources while using the land for other lawful activity such as agriculture, mining, or recreation. This subsection also does not apply to activity by a person on land he owns or leases." unquote.

It is the last sentence that causes me the most concern. I believe that it is open to "wide" interpretation.

Cheers, Vince

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English Mike
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PostPosted: Sun Dec 11, 2011 12:23 am    Post subject: Re: Hunter harassment Reply with quote

It seems to me the only thing that can be laid on this moron is reckless endangerment due to his firing unaimed shots out into the blue.
This type of moron deserves a special place....
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inthedark
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PostPosted: Sun Dec 11, 2011 1:10 am    Post subject: Re: Hunter harassment Reply with quote

Vince wrote:
If I read the articles posted by OV1 correctly...this guy is doing the wrong thing.

There is no doubt in my mind that this guy is deliberately trying to disturb and spook any wildlife in order to disrupt your hunt.

If you are able to prove his actions Punkin, then you have him by the ball$ and it's just a matter of how hoard you want to squeeze them mate.

My only concern is the "opening" left him to "undertake lawful activities" in order to create noise in order to spook animals.

quote: "This subsection does not apply to a person who incidentally interferes with the taking of wildlife resources while using the land for other lawful activity such as agriculture, mining, or recreation. This subsection also does not apply to activity by a person on land he owns or leases." unquote.

It is the last sentence that causes me the most concern. I believe that it is open to "wide" interpretation.

Cheers, Vince


The interpetation that the courts will use is what a reasonably prudent person would expect. Everyone in North America has the right to "quiet enjoyment of their property" and this general right has the caveat tht in that quiet enjoyment of your property that you do not unreasonable or with malice deprive another of his right(s) to his quiet enjoyment of property OR activity. Most hunter protection or harassment laws have been brought into effect because of activities of PETA or other groups like Y2Y etc and the harassment has been given WIDE berth to cover as much as reasonably possible the activities or actions that will consitute harassment. We had a similiar incident a couple of years ago while we were hunting and it really sucked for that A hole when we detained him for interferring with hunters. You see, all of us (8) were conservation, fishery or wildlife officers on our annual birds and bucks hunt.
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Vince
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PostPosted: Sun Dec 11, 2011 3:56 am    Post subject: Re: Hunter harassment Reply with quote

Laughing Laughing Laughing I like it mate...it would be like the moron that walked into a coffee shop to rob it and a whole precinct of Police Officers were in there having a breakup party or something. Embarassed Embarassed

Cheers, Vince

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RePete
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PostPosted: Sun Dec 11, 2011 8:14 am    Post subject: Re: Hunter harassment Reply with quote

Most DEC and MNR req's have that it's illegal to harrass a hunter during a lawful and legal hint and that they are subject to fines/imprisonment.

Contact the DEC.

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chambered221
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PostPosted: Sun Dec 11, 2011 5:21 pm    Post subject: Re: Hunter harassment Reply with quote

On the surface it appears as if there are land owner protections.
That seems to differ as to the norm throughout the U.S. Look Here
I would have someone take a look at the intent of the land owner clause !!!
I can't help but wonder if it isn't limited to the taking of game on the owners land.
From what I see NC has left the back door open (in regards to hunting) for land that is not posted.


At the very least get the jack wad on tape discharging a firearm in a reckless manner.
You may not get him for harassment but I'll bet a visit from local officials with the evidence will fill his fun card !!!

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Pumpkinslinger
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PostPosted: Mon Dec 12, 2011 8:41 pm    Post subject: Re: Hunter harassment Reply with quote

NC hunter harassment law:

"§ 113‑295. Unlawful harassment of persons taking wildlife resources.
(a) It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. It is unlawful to take or abuse property, equipment, or hunting dogs that are being used for the lawful taking of wildlife resources. This subsection does not apply to a person who incidentally interferes with the taking of wildlife resources while using the land for other lawful activity such as agriculture, mining, or recreation. This subsection also does not apply to activity by a person on land he owns or leases."

My email to the NC Wildlife Resources Commission:
"I have a question about the hunter harassment law. While hunting on a friend’s land yesterday we had his neighbor interfere with our hunting by walking through the woods, on the neighbor’s land, while banging on a bucket, yelling, etc. Today the neighbor started firing a gun into the air and yelling when he realized we were back hunting. The neighbor was, as near as we can tell, on his own land. However, his activities are clearly not “while using the land for other lawful activity such as agriculture, mining, or recreation.” Do we have any recourse here?"

The WRC's response:
"The hunter harassment law does not apply to activities by a person on property they own or lease. When a person incidentally interfere with hunting while engaged in other lawful uses while using the land (whether the person owns the land or not) it does not constitute hunter harassment."

I'm not sure this WRC guy read either my email or the law... However, at this point there doesn't seem to be much reason to pursue it. Now when I go back over there next time I will have a video camera handy.

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Ominivision1
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PostPosted: Tue Dec 13, 2011 6:45 am    Post subject: Re: Hunter harassment Reply with quote

Next time it happens, call the local WRC rep, every county has a local WRC rep. +1 on the camera.

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