Adjacent land owner shot at a hunter

This is a discussion on Adjacent land owner shot at a hunter within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by prawls My buddy was actually bow hunting. He and his guest (better when they hunt in pairs). Neither of them had a ...

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Thread: Adjacent land owner shot at a hunter

  1. #16
    Member Array Hawk's Avatar
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    Quote Originally Posted by prawls View Post
    My buddy was actually bow hunting. He and his guest (better when they hunt in pairs). Neither of them had a firearm of any kind, and the guest was about 100yds beyond.
    Ok - I'm all wet. I thought maybe your buddy was shooting in the direction of the guy's house and he freaked out and lost his cool (no excuse, but I've heard of it happening). However, if the guys were bow hunting then that's not likely the case.

    They are really lucky - and so is the moron that was shooting in their direction. Good luck with the charges and I hope this doesn't ruin your fun out on your property in the future.

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  3. #17
    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by PeaceKeepr View Post
    Hypothetically, if a hunter roamed over to a neighbor's land, could the neighbor be w/in his rights to fire on the hunter, since the hunter is armed? Neighbor could claim self defense...'i saw a fella on my land w/ a weapon, for fear of my life i opened fire...'

    From the sounds of the OP the neighbor is in the wrong this time...but man you have to be really careful.
    NO:

    Just because someone is trespassing, does not give you the right to shoot them. They are breaking the law, yes, but not justified in killing them.
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  4. #18
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by SonofASniper View Post
    Oh yea, I agree too. The thing that sucks is when you are cornered and in a fight for your life, you usually don't have the tools on you that you really wanted. I still havn't figured out how to pocket carry a whole armored division, yet.
    Let me know when you figure that one out. Would really like in on that one.
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  5. #19
    Senior Member Array Duisburg's Avatar
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    well if it were my boy and I hunting we'd have more than a SIG P239, I'd have a 30-06 and my boy probably a 243 and I would have returned fire after telling my boy to get down. I am in the right for my son and I were being shot at, I was merely defending us and we were on private property with consent to be there.
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  6. #20
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    I hope they hammer the heck out of that moron neighbor.

    I used to work with a lady who, along with her husband, had a piece of property next to a national forrest. They had a small cabin and he had a treestand, where he went to hunt a lot. She said one day he went there and there was a guy up in his tree stand that refused to get down and said he had permission from the owner. The guy got irate really quick and threatened to shoot the real owner. She said they very nearly came to a shootout, but her husband decided to go get a sherriff. I bet the idiot in the tree stand felt like a total moron. Oh, a person that the owner had taken with him one time told the other guy it was ok for him to go there and hunt.
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  7. #21
    Senior Member Array Herknav's Avatar
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    Quote Originally Posted by Duisburg View Post
    well if it were my boy and I hunting we'd have more than a SIG P239, I'd have a 30-06 and my boy probably a 243 and I would have returned fire after telling my boy to get down. I am in the right for my son and I were being shot at, I was merely defending us and we were on private property with consent to be there.
    Where I'm from, the more likely outcome is you running across a game ranger and getting fined for having firearms in your possession during archery season. That's much more likely than being shot at by some dude while out bowhunting.

  8. #22
    Member Array prawls's Avatar
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    FYI, he got arrested last night, but is out now. Trial is supposed to be in couple months I hope. He's lost the AR until then at a minimum I believe. I went back and walked the property this afternoon with no issues.
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  9. #23
    VIP Member Array Supertac45's Avatar
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    Quote Originally Posted by crankshop1000 View Post
    Here in Michigan, there has been a few cases of treestand bowhunters found dead in their stands-shot. You might want to also check with your fish and wildlife LEO. Some of the anti hunter harassment statutes are easier to make stick than the attempted murder charge you are probably justified in filing.Don't take a pistol to a rifle fight.Chuck.

    Would you please provide a link to this. I follow gun accident/shooting news beyond what my wife finds acceptable. I don't recall any shooting of hunters in their treestand.
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  10. #24
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    Currently in Va. Archery season is the only season open for big game right now. Muzzleloader doesn't start until November 3rd. Gun season doesn't start until Novenber 17th.
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  11. #25
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    Quote Originally Posted by goawayfarm View Post
    Currently in Va. Archery season is the only season open for big game right now.
    So, he's gonna get slapped with "hunting" out of season, too. Wouldn't be inappropriate to tack that one onto the aggravated assault charge, or whatever it was they hit him with. Though, he's out already. Can't imagine it's going to be too bad for him.
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  12. #26
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    Quote Originally Posted by PeaceKeepr View Post
    Hypothetically, if a hunter roamed over to a neighbor's land, could the neighbor be w/in his rights to fire on the hunter, since the hunter is armed? Neighbor could claim self defense...'i saw a fella on my land w/ a weapon, for fear of my life i opened fire...'

    I think that there's got to be more to a claim of "I saw a fella with a weapon and was in fear for my life" than simply seeing a guy with a gun, understanding that the context is that he's out there HUNTING, and deciding to fire on him. I mean, can you just start shooting at a guy at a shooting range simply because, hey, there's a guy you don't know, and he's got a gun in his hand?!

    I was at an outdoor range once, and made the mistake of going hot while there was still a guy way at the opposite end of the range, checking his target. I had thought we'd received a fire signal but I was wrong. I fired one shot and got a yellin', and immediately realized my mistake.

    I got chewed out by the rangemaster, and told I had to leave. (I didn't protest.) On my way out with my buddy, I made a point of stopping at the lane where the guy was, and approached him and told him who I was (based on what I had done) and sincerely apologized to him for my mistake. He was cool about it.

    Now, is anyone here prepared to say that he should have returned fire at me, standing on the line (assuming he even could have known who had fired the single shot)? I dare say that my answer would be no, and not just because I was the guy who had fired. (After all, I hadn't fired at him, or even near him.)


    So I think this is a major point:
    This neighbor who fired the shots, what did he see? A couple of guys hunting with BOWS. Not firearms. Hardly a threat, given also that it's not as though the bowmen were firing arrows in the neighbor's direction, much less after the neighbor made his presence known.

    The neighbor was not even fired upon with arrows, let alone bullets. He cannot have made a claim that he thought someone was threatening his life. And even if the hunters had had guns, and had fired a shot or two his way, once communication had been established ("Hey, doofus, you're shooting at me!" said the old man), if no further shots followed, it would be clear enough that an attack was not taking place that further shots from the old man would be utterly unjustified.

  13. #27
    VIP Member Array Sheldon J's Avatar
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    Quote Originally Posted by crankshop1000 View Post
    Here in Michigan, there has been a few cases of treestand bowhunters found dead in their stands-shot. You might want to also check with your fish and wildlife LEO. Some of the anti hunter harassment statutes are easier to make stick than the attempted murder charge you are probably justified in filing.Don't take a pistol to a rifle fight.Chuck.
    That and here in Mi a call about a guy hunting with a .223 to the DNR and they will not bother with a warrant, they will just go get him, take his gun, his car if the gun is in it, and asses him a huge fine.
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  14. #28
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    Quote Originally Posted by Sheldon J View Post
    That and here in Mi a call about a guy hunting with a .223 to the DNR and they will not bother with a warrant, they will just go get him, take his gun, his car if the gun is in it, and asses him a huge fine.
    Err - No - As long as you are using a five round magazine, an AR or Mini-14 is fine in Michigan to hunt deer. My Conservation Officer relative sometimes hunts with .223. Here is the rule - Shell Capacity for Shotguns and Centerfire Rifles - It is unlawful to hunt with a semi-automatic shotgun or semi-automatic rifle, other than a .22 caliber rimfire, that can hold more than six shells in the barrel and magazine combined. Fully automatic firearms are illegal...It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun).

  15. #29
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    Quote: "It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun)."

    Whew! That's just the opposite of Tejas. .22 rimfire is a big no-no here for "big game". Centerfire only. And y'all, on the average, probably have bigger deer.
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  16. #30
    Ex Member Array Joe R's Avatar
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    Quote Originally Posted by Greybeard View Post
    Quote: "It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun)."

    Whew! That's just the opposite of Tejas. .22 rimfire is a big no-no here for "big game". Centerfire only. And y'all, on the average, probably have bigger deer.
    Actually, Michigan's rules read the same as Texas. The key phrase is "except a .22 caliber or smaller rimfire". That means any rimfire of .22 caliber or smaller is illegal to use for big game in Michigan. Any rimfire of greater than .22 caliber is legal, if you can find a rifle so chambered that is still safe to fire.

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