Ok i have a question since i often hunt on public land. If you are hunting around guys you do not know and someone shoots a deer, the deer then runs in front of you, you shoot the deer thinking he missed and you drop the deer. whose deer is it saying that his shot was fatal and would have killed the deer?
hunting question
- Thread starter ryanscott
- Start date
Brian Pfleuger
Moderator Emeritus
I've always been told, including in hunter safety training, that he who makes the first "obvious" fatal shot gets the deer. It seems like the most logical thing.
Example:
1)He shoots it through the heart, 100 yards later you do the same. His deer.
2)He shoots, hitting it in the guts, 100 yards later you shoot it through the heart. Your deer.
The problem that crops up is in proving who hit it where. Sometimes you might shoot it on opposite sides and not have exits, which would prove it but other times it might not be so obvious.
Regardless, it's not worth the argument.
If there's a problem then just let it go. Tell them to take the deer and you hope it tastes good knowing that they got it dishonestly.
Deerhunter
New member
In PA who ever drops the deer gets it when your talking gun season. In archery it is who ever hits the deer first (saying that your arrow would have killed the deer).
I just talked to a friend of mine last night. He was out with his son (15), his brother in-law and nephew (10). A 7 point buck ran past him and he missed it ran past his nephew (we have a mentor program in PA) who shot and hit the deer. They heard another shot a few seconds later. They had a really good blood trail and followed it all the way to where someone else was gutting the deer. The shot they heard was someone they didn't know putting the deer down. 2 holes that were both good shots. The father had to explain to the 10 year old (it was his first buck, or would have been anyway) that this is hunting and that the other guy gets the deer.
I just talked to a friend of mine last night. He was out with his son (15), his brother in-law and nephew (10). A 7 point buck ran past him and he missed it ran past his nephew (we have a mentor program in PA) who shot and hit the deer. They heard another shot a few seconds later. They had a really good blood trail and followed it all the way to where someone else was gutting the deer. The shot they heard was someone they didn't know putting the deer down. 2 holes that were both good shots. The father had to explain to the 10 year old (it was his first buck, or would have been anyway) that this is hunting and that the other guy gets the deer.
davlandrum
New member
First fatal shot is a good rule of thumb that I have always heard and would go with. That is one of those legally grey areas that people just have to work out.
A buddy of mine lost out on a nice blacktail becuase it ran down to a logging road and some guys rolled up on it. By the time he got there, they were not going to give it up without a gunfight, so he had to let it go.
A buddy of mine lost out on a nice blacktail becuase it ran down to a logging road and some guys rolled up on it. By the time he got there, they were not going to give it up without a gunfight, so he had to let it go.
im not suggesting bringing it to court or anything like that. i get that u would probably let him have the deer me too probably i was just curious to whose its actually supposed to be. and besides if you remain to hunt in the same spot after somebody has just shot isnt very smart bucause i dont know about where you are but in most places after a loud gunshot the deer dont really like to stay around that area.
Legionnaire
New member
Wasn't public land, but participated in this very "discussion" last year with some hunters. Couple of guys on the adjacent property shot and wounded a six-point buck. I could hear the buck coming, and he was moving well. Came across the property I was hunting, went right through the middle of a sizeable pond, and was dropped by another guy with a well-placed heart shot.
I was talking with the solo hunter when the first two showed up. We examined the carcass together. There was a wound through one of the rear legs, and the heart shot. Pretty evident that the fatal shot was the latter. The original two didn't argue the point, congratulated the solo hunter, and headed back off the property.
Rule I learned was that the killing shot takes the animal. However, I'd personally not argue the point except maybe in a case like this, where there were two obvious wounds, one of which may likely not have proven fatal.
Don't know what the solo hunter would have done had the first two guys tried to argue that the deer was theirs. With me standing there, he wouldn't have felt outnumbered, and we were on property that he had permission to hunt and the first two didn't ... Nevertheless, in this instance, the "killing shot" was pretty obvious.
As far as continuing a hunt in an area where a deer has already been taken, keep at it. I took a nice 8-point this year, first thing in the morning. Had it dressed and dragged out and was back on the same stand by 9:30 a.m. Just after 10:00, a second buck walked through on almost the same track as the first. Didn't seem stressed at all. And if there are a lot of deer in the area, and a lot of hunting pressure (read that a lot of hunters moving around), quite likely that they'll push something through for you.
I was talking with the solo hunter when the first two showed up. We examined the carcass together. There was a wound through one of the rear legs, and the heart shot. Pretty evident that the fatal shot was the latter. The original two didn't argue the point, congratulated the solo hunter, and headed back off the property.
Rule I learned was that the killing shot takes the animal. However, I'd personally not argue the point except maybe in a case like this, where there were two obvious wounds, one of which may likely not have proven fatal.
Don't know what the solo hunter would have done had the first two guys tried to argue that the deer was theirs. With me standing there, he wouldn't have felt outnumbered, and we were on property that he had permission to hunt and the first two didn't ... Nevertheless, in this instance, the "killing shot" was pretty obvious.
As far as continuing a hunt in an area where a deer has already been taken, keep at it. I took a nice 8-point this year, first thing in the morning. Had it dressed and dragged out and was back on the same stand by 9:30 a.m. Just after 10:00, a second buck walked through on almost the same track as the first. Didn't seem stressed at all. And if there are a lot of deer in the area, and a lot of hunting pressure (read that a lot of hunters moving around), quite likely that they'll push something through for you.
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remingtonva
New member
legally it is his deer cause if it's wounded it will bleed to death adventually.
James R. Burke
New member
I try not to hunt by anyone for seversl reasons, safety, and them taking down my chances. But I would say who ever made the fatal shot.
In Arizona I believe it belongs to the person who first shot it.
I know of a few deer that were "stolen" that way though. Many, many years ago my grandfather shot a nice whitetail buck over near Bisbee. He worked his way across a canyon to the deer, and found a man who had a young boy with him, and they were dressing out the deer...and had it tagged as their own.
He walked away disgusted, but killed another deer the next day.
An ex-friend (an attorney) was out hunting mule deer once when a bunch of shots rang out from the next canyon over. While he stood there, a really nice 4x4 (not counting eye guards) mule deer buck came over the hill, and died in front of him. He fired twice into the air (in case they hit it twice), and tagged it. It sits proudly in his living room now.
It happens, but it sure disgusts me when it does. If I'm hunting, and shoot a deer that's been previously shot, I'll wait for the rightful owner to show up. It it takes him a while, I might go ahead and dress it. If he shows up, he's welcome to it; if not, then I'll tag it.
I have to live with myself, after all, and if it was previously shot then I didn't take it on fair terms. I'd just be the one who finished it off and claimed it, and that's not why I hunt.
Daryl
I know of a few deer that were "stolen" that way though. Many, many years ago my grandfather shot a nice whitetail buck over near Bisbee. He worked his way across a canyon to the deer, and found a man who had a young boy with him, and they were dressing out the deer...and had it tagged as their own.
He walked away disgusted, but killed another deer the next day.
An ex-friend (an attorney) was out hunting mule deer once when a bunch of shots rang out from the next canyon over. While he stood there, a really nice 4x4 (not counting eye guards) mule deer buck came over the hill, and died in front of him. He fired twice into the air (in case they hit it twice), and tagged it. It sits proudly in his living room now.
It happens, but it sure disgusts me when it does. If I'm hunting, and shoot a deer that's been previously shot, I'll wait for the rightful owner to show up. It it takes him a while, I might go ahead and dress it. If he shows up, he's welcome to it; if not, then I'll tag it.
I have to live with myself, after all, and if it was previously shot then I didn't take it on fair terms. I'd just be the one who finished it off and claimed it, and that's not why I hunt.
Daryl
I will join in with Dayrl,
Sorry Peetza,
That last statement is to judgmental and isn't going to do anything but cause hard feelings.
I hunt by the 1st blood rule. with that rule always in the favor of others.
I would never argue over a wounded deer, I wouldn't even argue about what I thought was an unwounded deer that I shot at and died in front of me and someone came along and claimed it.
Hey,
They have to live with their conscience, and I mine
Sorry Peetza,
That last statement is to judgmental and isn't going to do anything but cause hard feelings.
I hunt by the 1st blood rule. with that rule always in the favor of others.
I would never argue over a wounded deer, I wouldn't even argue about what I thought was an unwounded deer that I shot at and died in front of me and someone came along and claimed it.
Hey,
They have to live with their conscience, and I mine
A few years ago I killed a buck that had supposedly been wounded by a 12 year old hunting with his dad and granfather from a 300 yard shot. Since they didn't know the area I helped them try to track it down. I finally spotted the buck watching us through the brush at about 50 yards away.
I told them I did not believe the deer was wounded but for the boy to take another shot at him. As they were unable to see the buck through the brush they told me to take the shot and put him down. Five minutes later after a 30 yard blood trail we found the buck with 1 shot through him. The boy wanted to know where he had hit it as he could only see the one hole but his dad and grandfather had him quickly tear his tag and told they would figure it out later when they skinned it.
Sometimes it is better to just walk away, but I still feel bad for the boy because he knew he never hit it and just hung his head as I walked away.
I told them I did not believe the deer was wounded but for the boy to take another shot at him. As they were unable to see the buck through the brush they told me to take the shot and put him down. Five minutes later after a 30 yard blood trail we found the buck with 1 shot through him. The boy wanted to know where he had hit it as he could only see the one hole but his dad and grandfather had him quickly tear his tag and told they would figure it out later when they skinned it.
Sometimes it is better to just walk away, but I still feel bad for the boy because he knew he never hit it and just hung his head as I walked away.
Brian Pfleuger
Moderator Emeritus
Gbro said:
It's a judgement to classify that statement as judgemental, is it not?
We all make judgements.
In the context of my original point it was clear that by the rule understood and accepted by most everyone in this thread the other hunter was making a claim to a deer that they should not be claiming.
Hard feelings? Sometimes I just don't care. Someone I don't know, have never met, had hard feelings towards me? My dad has a saying.... "They can get over it or die unhappy. Their choice."
banditt007
New member
Interesting discussion, fortunately I have not had to deal with this situation. And haven't really thought about it much either. But my first reaction would be something like this. If a person shoots it in a non vital area say the leg, and it runs by me and i get a good shot and put it down, I'll argue that it is my deer. reason being, you probably were not going to find a deer that can run and run and run forever w/ a less-than fatal wound, that probably isn't putting out that much blood. Say they hit it a good heart lung shot and it runs or stops by me and i put another in it. and that drops it. For sure its their deer, and of course i would not shoot it, if it was bleeding well in the first place. If another hunter gut shoots it and it runs and then beds down and i can see it and kill it, its his. Since in the vicinity of his shot in 6 hours+ or so he'd probably find the deer. I guess i'd just play it by ear, if someone wants to get really loud and argumentitive, hey be my guest and take the deer. I'm not going to get into an argument w/ a stranger with a weapon. And as someone had mentioned my conscience is clear, and thats all that really matters.
The story above me about the 12 y.o. kid 'wounding' the deer are just rude classless people. "O yeah we shot it", and clearly there is no hit but yours and then they argue its their deer....give me a break its clearly your deer, but again if you don't care let them take it, me i'd argue that especially knowing that the kid already knew he didn't hit the deer. And the indisputable evidence of only one shot being in the deer.
The story above me about the 12 y.o. kid 'wounding' the deer are just rude classless people. "O yeah we shot it", and clearly there is no hit but yours and then they argue its their deer....give me a break its clearly your deer, but again if you don't care let them take it, me i'd argue that especially knowing that the kid already knew he didn't hit the deer. And the indisputable evidence of only one shot being in the deer.