"Occupied building..."

MSC · Nov 25, 2015

Cut and pasted from the Maryland Guide to Hunting & Trapping,

"GENERAL HUNTING REGULATIONS In addition to the regulations listed elsewhere in this guide, it is unlawful to:...trap or shoot at wildlife within 150
yards of an occupied building or camp without permission of the owner or occupant"

The question for you is what is considered an occupied building? Would that be a shed that now and then has people in it..? Clearly not a house or barn that is actively used. But does a building that sees activity now and then be considered occupied...or it is just considered occupied when someone is it? I think not because a home should be assumed to be occupied.

Also I'm assuming that hunting on my own land, my own house is not in the mix...true?

Related, it seems clear that the shooter cannot be within 150 yards, but what about the game? Any other thoughts you have on general practice when hunting? Safety first always but the law also matters, thanks for your comments on this or related issues on private land.

iH8DemLibz · Nov 25, 2015

Excellent question about game location. Waiting for an excellent answer.

It sounds like you're hunting the same type of land I'm on.

Four other homes to contend with. With Douchenozzle occupants.

153 yards. 162 yards. 150-1/4 yards. Etc.

mark71211 · Nov 25, 2015

iH8DemLibz said:
Excellent question about game location. Waiting for an excellent answer.

It sounds like you're hunting the same type of land I'm on.

Four other homes to contend with. With Douchenozzle occupants.

153 yards. 162 yards. 150-1/4 yards. Etc.

Really, 150.25 yards?? How did you come to that measurement? That pretty darn accurate of a measuring device if true.

iH8DemLibz · Nov 25, 2015

mark71211 said:
Really, 150.25 yards?? How did you come to that measurement? That pretty darn accurate of a measuring device if true.

I was making a funny.

But I have no room for error in the Herefordish Zone.

Especially with tree huggers and card carrying PETA Nazis surrounding me.

Art3 · Nov 25, 2015

I think you have to be 150 yards from a public road also. I would think a building is only occupied if someone is in it...but I'm not a lawyer, and all that stuff.

Your own house...should be real easy to get permission from the owner.

That's all I got...I'm also interested in the useful answers to you questions.

iH8DemLibz · Nov 25, 2015

I believe the road thing is that you can't shoot across a road.

But you can be near a road.

mark71211 · Nov 25, 2015

iH8DemLibz said:
I was making a funny.

But I have no room for error in the Herefordish Zone.

Especially with tree huggers and card carrying PETA Nazis surrounding me.

You got to come down to the shore then where there's plenty of room.

rwbow1969 · Nov 25, 2015

Here's the page out of the book. It's under General Hunting Regs.

itsslow98 · Nov 25, 2015

You can shoot as close to any house or dwelling that you want as long as you have permission.

As far as game being within 150 yards, as far as I know it doesnt matter....the shooter cannot be within that distance(which does vary county to county). Harford is 100 and carroll is 50 I believe.

montoya32 · Nov 25, 2015

IMO, "occupied" goes for dwellings/houses. If it didn't, you could make the case that a treehouse would be considered.

roady · Nov 26, 2015

After asking this same question at a Hunters safety class for my daughter. I was told by the Hunter Safety instructor that if you have permission you can from the dwelling. I was asking because of where I hunted that year there was a garage with an apartment in it. He jokingly said if there is plenty of deer coming by the garage why stay outside and be cold when you can swing open a window.....

Now I know some will be upset with him saying that but it was just me and a couple of the instructors standing around when I asked and no kids where near by. So as long as you have permission and I would ask fro written permission and keep it with you then go for it.

SRD · Nov 26, 2015

iH8DemLibz said:
Excellent question about game location. Waiting for an excellent answer.

It sounds like you're hunting the same type of land I'm on.

Four other homes to contend with. With Douchenozzle occupants.

153 yards. 162 yards. 150-1/4 yards. Etc.

A friend of mine goose hunts the farm behind me."Game Warden" actually measured from his blind to the closest house,149 yds. and told him to move 3 ft. :lol2:

.Home owner is a mutual friend so he got permission without question,but funny as hell regardless.

lazarus · Nov 26, 2015

You AND the game are supposed to be 150yds from a house. If you have permission, no problem. The road is you can't shoot from it and you can shoot across it. I wouldn't shoot near it either if it was me, just it be safe.

My neighbor down the street shoots deer from his barn with a crossbow. His nearest neighbors are about 90, 140 and 160yds away from the barn. IE for his county it ain't legal and I highly doubt he has permission from his neighbors. He isn't the type to care. And frankly his setup is pretty damned safe so I just shrug and shake my head about it. He doesn't shot remotely towards any neighbors direction. The nearest one in that direction is about 200+yds through the woods.

I am all about gun safety, but archery limits really should be 50-100yds. It would take one hell of a screw up to send an arrow >100yds.

oupa · Nov 26, 2015

roady said:
After asking this same question at a Hunters safety class for my daughter. I was told by the Hunter Safety instructor that if you have permission you can from the dwelling. I was asking because of where I hunted that year there was a garage with an apartment in it. He jokingly said if there is plenty of deer coming by the garage why stay outside and be cold when you can swing open a window.....

Now I know some will be upset with him saying that but it was just me and a couple of the instructors standing around when I asked and no kids where near by. So as long as you have permission and I would ask fro written permission and keep it with you then go for it.

All I'm gonna say is that Hunter Ed instructors are volunteers not employees of DNR. They are not very highly trained in questions of legality outside the realm of "safety" issues. That's not to say they don't know. Many are quite knowledgeable. Many however are prone to speak their own thoughts and interpretations... sort of like an internet message board. :rolleyes:

If you hunt a situation where the 150 yd. rule is an issue. ASK someone from NRP. After all, if you err on the worng side, that's who you'll have to answer to.

outrider58 · Nov 26, 2015

I would consider any dwelling, that at the current time has people living in it. They don't have to be home, just currently being used as an abode. This also includes places of business regardless of hours of operation. IANAL

MSC · Nov 27, 2015

Thanks for the comments, now let's see what tomorrow brings...luck to us all!

Inigoes · Nov 27, 2015

Art3 said:
I think you have to be 150 yards from a public road also.

This is incorrect.

You cannot shoot from the road, or across a road.

To be safe: be in the tree/field line from the road, because the road width easement differs from the center on the type and location of the road.

mark71211 · Nov 27, 2015

Art3 said:
I think you have to be 150 yards from a public road also. I would think a building is only occupied if someone is in it...but I'm not a lawyer, and all that stuff.

This 150 yard thing from a road got me thinking as I was on my way to the shore this morning. On the way down I saw a goose hunter that had to be no more then 70 yards off of rt. 50 east bound. The part that got me was that the way his blind was and where his spread was at, he would be shooting towards 50. Then I saw on a back country paved road a deer blind that was over looking field that was about 2 acres. And again the blind was about 50-60 yards off the road and pointing towards the road. Any shot he had would be at the road and go over it. I think that there should be some kind of rule cause in both of those cases it was not safe shooting.

outrider58 · Nov 27, 2015

I know, back when we hunted public land in Garrett Co. The game Nazis would sit in the woods about 100 yards or so and pop out from behind a tree and ask to see your rifle. It happened to me once. Fortunately, I had already known of this ploy always cleared my rifle before getting near the road.

sclag22 · Nov 29, 2015

Response from dnr a while back.

Thank you for contacting the Department of Natural Resources. The answer to your question is that the 50 yard safety zone for archery hunting is measured from the dwelling, residence, church or other building. The language below is the verbiage contained in the Maryland Code of Regulations. If a deer or other animal leaves a property you can legally hunt and enters another property you do not have permission to enter, you need to secure permission before retrieving the animal.

(3) (i) For archery hunters in Carroll County or Frederick County, the safety zone described in paragraph (1) of this subsection extends for 50 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

Jim Mullan, Regional Wildlife Manager, 301-777-2136.

"Occupied building..."

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