My bad or not?

Your land, your rules. I'd make it clear it's a one time forbearance. As for the caliber, to keep things simple, I'd probably let them use whatever is legal but ask them to confirm for you that they are compliant. Or tell 'em "shotgun only" if you even want -- KISS.
 
The two young men got into one vehicle waved and I could see the disappointment on their faces drove away and never returned.

The bottom line is that it's your land, you make the rules. That is true. However, I would be offended if I was granted permission to hunt, and brought a legal rifle, and at lunchtime after the first morning hunt the owner basically said "I don't like the rifle you're using, go get a different one." I'd agree it is your land. I'd agree it is your call. I will tell you, it would tick me off. I'd be bummed about being sent home. It would depend on whether or not I even had another rifle, and then how bad I wanted to hunt the property, would decide if I came back.

If the 25-20 isn't legal that's another matter. Can't be offended about that. That's not even your call, it's the law.


I feel for both parties. If I was the owner, I would not like to be the least bit uncomfortable about people hunting my land for whatever reason, even if it's just my druthers. Hindsight is 20-20 I know, and lesson learned on specifying rules before the hunt. Bummer it worked out that way but it is what it is. That's how we learn. All you can do is move on and perhaps try again.

Also, if they didn't come back then for whatever reason it wasn't a big enough deal to them to hunt your property. Whether they don't have other rifles or if it wasn't worth it to play by your rules, then it's probably not a great fit anyway. That's my overall take on it.
 
If I were one of the young guys,I would of been fine with that after all its your land your the BOSS.I probably would of ask was there anything else I could do to comply so I might gain permission to hunt agaln sometime.

Hunting land is hard to find,Hunters need to show landers more respect these days.IMO it was good of you to give the boys a chance,Wish there were more like you.:D
 
Very commendable of you Gentlemen to thread/ post to help me out here. I now feel a little easier in the old conscience department that I myself wasn't completely wrong in this situation. But as a few of you have said it's best to air the rules before hand. That's something that never occurred to me before. Up here in MN it's getting harder and harder to find hunting space if you don't own a bit land. (everything's posted) I try to be accommodating as best I can. Oh there's been a couple of foolish moves by a couple of different hunters over the years. But nothing serious other than a guy once breaking the thru the ice on a crick that had waist deep water when told not to go there by it. Before hand. No trouble for me just embarrassing for him is all. Smiles and laughter and a litt'l teasing on that move and another wandered past my property into the State Forestry Land without a compass for a 4 hr. walk. Found him well after darkness. But when guns/ rifles come into the picture I get serious about wanting guys to be careful back there in the woods. No monkey business will I tolerate. Like most of you have said (its your land, your rules, you rule) but than again I don't want to be too aggressive either.
 
Sure Shot, it is YOU who should be commended. For allowing the use of your land and for your attention to common sense regarding safety, the rules, and ethical hunting and land use as well as the consideration for the personal experience of the hunters.

I don't think the shooters were disappointed in anyone but themselves by the way...
 
You can grant, retract, move add and change whatever you want.
As some others have already said, this isn't exactly true. Lets look at a scenario. You gave the guys permission, the one guy does not have a legal gun, so he goes and buys the cheapest one he can. Turns out he runs across a legal 30 carbine cheap and buys it. It doesn't sound like any consideration was exchanged, so you don't have a contract, BUT you do have a promise a reasonable person could use to execute the decision to purchase the 30 carbine for the specific purpose of hunting on your property(or any other decision). Enter promissory Estoppel/detrimental reliance.
http://en.wikipedia.org/wiki/Estoppel#Promissory_estoppel
I'd guess(I'm not a lawyer and certainly not a judge with jurisdiction OR both sides of the story), legally you aren't on strong legal ground if removing someone for using a 30 carbine when you did not stipulate that to begin with.

Making all that irrelevant is first the fact that one guy was using a rifle that was illegal, assumably with knowledge of the other. So in reality they were both breaking the law(even if they didn't know it). Second, with the amounts we are talking here it is never going to court, probably not even small claims, so what does the legality of it have to do with it?

Morally, IF the guy was breaking the law, and you don't seem all that sure, but no one from Minnesota has contradicted that fact, so he probably was, you have every right to toss him as he is unfairly putting you in legal jeopardy. If you continue to allow them to hunt with an illegal rifle on your property YOU are breaking the law. You have the right to call the game warden if you want.

Now I would consider the fact that these are "young" guys. They probably don't have a safe full of guns. They probably either have one or two OR none and they borrowed what they were using from family who were using the proper deer guns themselves. Likely those family members told them the rifles would be fine. They may very well have no firsthand knowledge of the regulations.

If they approached you at the grocery store, I assume they are an acquaintance of some sort. If so I think I would actively attempt to contact them and reinvite them with the proper equipment and possibly some other tips. Hunting property is near impossible to come by in my area if you don't own it yourself. My first shotgun, an H&R single shot 12 ga, is still in my possession as I lend it to new hunters(I put a kick eez pad on it). ODNR releases a rulebook each year available at every hunting store for free. If a similar book is available in Minnesota provide them with a copy in a friendly non-judgemental manner along with any stipultions you have for land use.

In Ohio ODNR has a release you can use, but Ohio law supposedly codifies landowner immunity from liability automatically(at least if there is no payment).
 
Thank you shafter. I appreciate that complement.

johnwilliamson062 to answer a couple of questions.

1. I never met those two young gentlemen before. Ever. But they both
knew who we were. As they just walked up and politely introduced
themselves to the wife and I (3) days before seasonings opening.
2. The day before season's opening they pull into my yard. I never seen
a weapon at any time during that meet and greet.
3. Mourning of the first day of deer hunting. Both I presume had arrived
before dawn and entered my land from a different direction. So I ever
even got a glimpse of their rifles until close to noon time that first day.
4. I know them by their names. But I don't know where either resides. If
both were to show up this year with proper rifles so to speak. I
wouldn't have any qualms what-so-ever about letting them both try
again.
 
I commend you for allowing hunting. I think that the next time you are asked you should take time to talk about your restrictions including the type of rifle they are using.

In some states a hunter is required to get written permission from the land owner and have the letter on his person while hunting. You might want to consider such a letter with your personal restrictions listed.
 
johnwilliamson062: I can't find one from Minnesota DNR.
Neither can I. I have in the past thought about doing something in the way of a document to have signed. But I really didn't want to have a lawyer design one for me. (spendy) But maybe these days it certainly is a necessity to have a Permission & Liability form in one's back pocket. Now that you brought it up. Thanks for the Tip. "Just thought of something." I'll bet my local G/Warden can direct me or offer some information in regards to a proper form acceptable in MN courts. What a great idea for my hunters and I. Thank you Sir, johnwilliamson062
 
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