remrug
Ultimate Member
Nope
The DNR can ask for retrieval,but can only do so with the landowner's permission.No means no.
The deer belongs to the landowner at this point.They can keep it for themselves if thats what they want.
Need clarifications on weapon discharge on private land distance laws
- Thread starter Huuman
- Start date
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Nope
The DNR can ask for retrieval,but can only do so with the landowner's permission.No means no.
The deer belongs to the landowner at this point.They can keep it for themselves if thats what they want.
In Anne Arundel County you need written permission for within 100 yards. Keep in mind if you have Coyotes on your property, (they are in almost every county in the state) you can ask for permission to target shoot and hunt coyotes and it is more likely to be granted. People have a fear of coyotes.
Clark W. Griswold
Active Member
- Oct 5, 2009
- 933
It wouldn’t be wanton waste because you have made a reasonable effort to recover the deer. You could contact dnr, but the landowner cannot be compelled to allow you to retrieve the deer.
Yeh I should have been more clear, I meant would it be a wanton waste for the landowner if they didn't allow access for an animal to be recovered. I think that has now been answered.
I know we’ve gone through this on the board, but the former game warden in my hunters Ed class 4 years ago said to call DNR if the land owner won’t allow recovery.
And that DNR can compel the to allow recovery by the DNR officer.
No the deer doesn’t become the landowner’s property. It is the property of the hunter who harvested it. That’s unequivocal.
The wording of the law certainly makes it sound like a DNR officer could search the property without a warrant if the landowner refused or was not present if there is a good faith belief that the animal fled to the property and expired.
Whether DNR can or will do something, well if the landowner did refuse a request by DNR might get them to open up. If not and the DNR officer won’t (supposing they can’t legally, or because they don’t feel like it) then that’s that.
Before any says “muh property rights”, fire fighters and EMS can also go on to your property if they think an emergency exists.
A dead deer doesn’t wait on a warrant to be retrieved and as I mentioned above, the harvested deer belongs to the hunter who harvested it. Not the land owner
https://law.justia.com/codes/maryland/2013/article-gnr/section-4-1204/
We can argue by what possession means. We all know DNR officers do enter private property all the time to investigate for game law violations and don’t ask permission.
If someone is a DNR officer or a lawyer who specializes in Maryland natural resources law please speak up. Or happens to be friendly enough to ask one.
But I am at least going to rely on what my hunter Ed instructor said and what the law seems to say. The worst that happens is the DNR officer tells me they can’t do that after they show up.
As for OPs scenario, on 3 acres, I’d talk to the neighbor before hunting on the property. It’s good to know who are decent and who are jerks and then ask yourself what neighbor relations are worth.
If one of the neighbor is aghast that you’d hunt let alone hunt on your property, probably don’t take a shot if the deer is over that way or figure it’s lost if it runs on to their property. Even if DNR can get it against the property owner’s wishes, you’ve probably just earned a big “FU” from the neighbor who is now got you on their shit list.
CC you are maybe safe with neighbors who’d be okay with you retrieving a deer, but maybe better to know in advance. At the very least MEET each neighbor nearby so you aren’t knocking on their door “hi, I’m ____ your back yard neighbor. I shot a deer on my property and it ran on to or through yours. Mind if I look for it?”
I would not consider that property suitable for rifle at all based on the map. A shotgun may be a little more suitable, but there is no way that many neighbors are going to be cool with it. A safe backstop is a large hill side and/or distance and I dont see either. Bullets can do all kinds of crazy things after impact, especially in a hunting scenario. There are way to many houses and people in close proximity. I dont think any amount of man made berm is going to be safe for hunting shots.
On the other hand, that is a perfect property for bow hunting. With that many houses with people out in their yards you end up with tame deer. On the one property I bow hunt similar to that the deer smell humans 24/7/365 and they expect it. You dont need to be hardcore with scent control or religiously play the wind as you would with "wild deer". Put a bait pile and salt lick next to the fruit trees. Set up a stand or blind right on the woods line, next to a oak tree if possible for the acorns. You want the deer to add your yard to their daily routine(which it sounds like they already have). Unlike scent you will need to be very careful with motion because you are going to end up taking 10m shots. You can easily get a ton of does this way. If you do end up spooking the deer with motion a few times they might go nocturnal and come out at 15min past shooting light. Just take a week off if that happens, you literally have 5 months to bow hunt.
On the other hand, that is a perfect property for bow hunting. With that many houses with people out in their yards you end up with tame deer. On the one property I bow hunt similar to that the deer smell humans 24/7/365 and they expect it. You dont need to be hardcore with scent control or religiously play the wind as you would with "wild deer". Put a bait pile and salt lick next to the fruit trees. Set up a stand or blind right on the woods line, next to a oak tree if possible for the acorns. You want the deer to add your yard to their daily routine(which it sounds like they already have). Unlike scent you will need to be very careful with motion because you are going to end up taking 10m shots. You can easily get a ton of does this way. If you do end up spooking the deer with motion a few times they might go nocturnal and come out at 15min past shooting light. Just take a week off if that happens, you literally have 5 months to bow hunt.
That fella lied to you, Because he was misinformed.
I was told that as well, and I'm pretty sure I've read it. Looking for confirmation now. Do you have something to back up that we're wrong?
Haha...searched: "can dnr compel landowner for access" and this thread was the first hit
You will not find anything either.
The DNR officers will try to assist the hunter as stated above, but if the land owner says no, that is where everything ends.
cww
Active Member
- Jan 28, 2010
- 543
As stated earlier, from the map shown, your best bet is to get a bow(lots of practice to be good) or a crossbow. And definitely feel your neighbors out on the whole hunting deer aspects. I live in CC and the 5 neighbors close to me are all fine with the occasional 22mag or shotgun blast to off a groundhog. Also have no problem with me practicing with the archery tackle. All on 3/4 acre and no houses to one side. With Horse people you are playing Russian roulette. Hunted one farm with animals and he was anti gun but cared more about his trees and crops so we killed by all legal means, Another was pro hunting but under very controlled rules, hunting during specific hours and horse riding in specific hours. Others were dead set against it, esp firearm cause it startled their horses.
Keep in mind we are getting a lot of transplants from MC, BC, & HC .....they tend to bring their city mentality to the country so you can't assume much anymore
Keep in mind we are getting a lot of transplants from MC, BC, & HC .....they tend to bring their city mentality to the country so you can't assume much anymore
Yeah, I cant find anything that require owner to allow retrieval with encouragement from DNR official. If deer is on their land, its their to do as they want. The 'open field doctrine' allow DNR official to enter your land (NOT HOUSE) if they think a violation has happened, so maybe DNR will 'encourage' them to let you have the deer or else be fine for waste?
I guess its always worse case scenario that all 3 parties(hunter/owner/official) are jerks about the situation but I'm going to give the benefit of the doubt to everyone until proven otherwise.
So plan is to introduce myself to all my neighbors. Make friends if possible, ask them their view on hunting, let them know that I plan to bow hunt when season come, do they have any concerns or suggestions, let them know I'll be back some point asking for written permission to retrieve deer on their property if they allow it, and finally offer them some of the meat if they are interested.
Thank you again everyone.
I guess its always worse case scenario that all 3 parties(hunter/owner/official) are jerks about the situation but I'm going to give the benefit of the doubt to everyone until proven otherwise.
So plan is to introduce myself to all my neighbors. Make friends if possible, ask them their view on hunting, let them know that I plan to bow hunt when season come, do they have any concerns or suggestions, let them know I'll be back some point asking for written permission to retrieve deer on their property if they allow it, and finally offer them some of the meat if they are interested.
Thank you again everyone.
gcwood
Continental Soldier
- Jun 26, 2013
- 20
Carry Distance
Hi,
As a Senior Hunter Safety Instructor let me echo what others have said. A 22 will carry 1 1/2 miles. A 30-06 over 3 1/2 miles! Not to be mean but 3 acres is not nearly enough room to be safe.
Hi,
As a Senior Hunter Safety Instructor let me echo what others have said. A 22 will carry 1 1/2 miles. A 30-06 over 3 1/2 miles! Not to be mean but 3 acres is not nearly enough room to be safe.
BRONZ
Big Brother is Watching
Human
Brother no disrespect but 3 acres isn’t enough to hunt on. You are in a rural residential area. You would be crazy to fire any centerfire firearm. What is there is someone’s kids walking around their property. I would be highly pissed if someone was hunting around my property and my wife and kids were outside.
I live in Carroll too. We have 3 acres. The closest house is 225 yds away. There is no way I would take a shot or even a bow shot in close proximity to my neighbors. It’s not worth pissing off your neighbors seeing a deer run through their front yard with an arrow stuck in him or finding a down deer on their property.
That kinda of stuff just gives us hunters and shooters a bad name.
Brother no disrespect but 3 acres isn’t enough to hunt on. You are in a rural residential area. You would be crazy to fire any centerfire firearm. What is there is someone’s kids walking around their property. I would be highly pissed if someone was hunting around my property and my wife and kids were outside.
I live in Carroll too. We have 3 acres. The closest house is 225 yds away. There is no way I would take a shot or even a bow shot in close proximity to my neighbors. It’s not worth pissing off your neighbors seeing a deer run through their front yard with an arrow stuck in him or finding a down deer on their property.
That kinda of stuff just gives us hunters and shooters a bad name.
No offense taken. Its a very valid point of view and shared by others. Schools was the primary reason we picked the house. 3 acres is too small for rifles is the consensus and I'm convinced it is the correct mentality after listening to members on this forum. I'm keeping hope alive for bow, but if a single neighbors within 500 yards said no. I rather not deal with the hassle or drama since we plan to be here for decades, good neighbors is good karma. Kids and people come first, there is always Morgan Run and other areas.
onedash
Ultimate Member
So many neighborhoods are overrun with deer and the land is beyond carrying capacity. A Spitfire XXX at nearly 400FPS through the lungs of one of those deer is not going to run through many yards, I promise. Get a trail cam, study the wind, watch which way they leave when spooked and you can "ALMOST" guarantee the direction they will run after the arrow goes through them.
Or so I've heard.
Or so I've heard.
Yeah, working on hunting my 4.4 acres this fall. The properties around me are a lot smaller, with a couple of vacant wooded lots. Two neighbors I know have ASKED me to please kill some deer. I know two of the other neighbors and they'd probably be okay with it. Another neighbor I don't know has a tree stand hung on the edge of our properties. I wouldn't hunt the front of my property, but the back side is small valley with a creek at the bottom. About 40ft from the top of the valley where my house sits and the houses behind me sit down to the creek. It is 180yds across (lasered). Most of the woods is within a 150yd safety zone (for HoCo) from neighbors though. I could shoot something in my small fenced backyard if a deer wandered in there, but that's the only spot on my property that is >150yds. Most of the areas I'd want to hunt are 100-150yds from neighbor's houses.
I will be asking my neighbors their permission both to retrieve from their property and hunt within the safety zone, but on my property. Not that I think they'll change it, but I am also going to solicit the HoCo delegation to see if we can finally get sensible bow hunting legislation so you can hunt within 50yds (or at least 75 or 100) from an occupied dwelling from a tree stand. That probably won't go anywhere.
I've identified at least 20 unique deer that come past my house. At a guess it is probably more like 30 or so resident deer that use the creek and backwoods as their highway and I know most of my neighbors are sick of all their stuff getting eaten by deer.
Now if my neighbors are NOT okay with it, I won't hunt on the property. I don't need pissed off neighbors or people calling DNR on me. I've got a Potapsco State Park hunting area less than a mile from my house I can go over to, to bow hunt. Its just a hassle and I can't bait, setup trail cams, stands or look out my windows and see an opportunity over there like I can on my property.
If I can get a few neighbors on one side to okay it, then golden, I will hunt just over there. Its the side where I know two of my neighbors want me to shoot deer, so I'd only need to get 2 others to be okay with it (one is the one with a stand, so if he isn't okay with it, he better be prepared to have DNR called on his butt, the other one is his next door neighbor and the next door neighbor can see the other guy's tree stand from his back deck easy, like 70yds away easy).
I absolutely agree that centerfires would be a huge no-no on a property of 3 acres. Hell, 10 acres isn't big enough even if everyone else has 10. But nothing wrong with bow hunting if at least the immediate neighbors are okay with it. Yeah, at 3 acres if it is pretty flat and not much obstruction you'll get deer on your neighbor's property. If they are okay with it though...
From where I will be hunting on my property (neighbors permitting) a deer would need to run about 200+yds to get on a neighbor's property who doesn't adjoin mine. In many cases closer to 300. Most likely up a hill, through the woods. First time for everything, but I've never had a deer run more than 100yds. I am sure some day it'll happen. I'd only make sure of a really good shot on my property.
antco
Ultimate Member
This state is California Jr.
