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Does anyone know if someone is poaching on my property, can I shoot them?

2007-12-21 07:40:21 · 27 answers · asked by jlaxrb 1 in Sports Outdoor Recreation Hunting

27 answers

No you cannot shoot someone for poaching on your land. The only way and I mean only possible time you might be able to shoot someone is if your in grevious bodily harm and you have to use one level of force more than they are using on you ie you shooting them. If you cannot prove that shooting this person will save your life then you will be charged with attempted murder or murder...

You need to ask yourself another question... Is shooting someone over a deer worth going to prision for?

I know its annoying having people poach on your lands thats why you make a point of calling your conservation officer or game warden every time it happens as its recorded. The more records of this offence the more they can establish a trend and catch these guys.

Hope that helps

2007-12-21 13:08:21 · answer #1 · answered by Dan 5 · 3 1

SURE you can.Then go to JAIL, go directly to jail, do not pass GO and do not collect $200.

As you have already been advised (You should have known the answer before you even asked this question) you are NOT justified in shooting a Trespasser or Poacher on your property...If you have "properly" posted your property you need only dial you state DNR. Most have 800 numbers and a Report-A-Poacher " Programs in place for this...And you should also call the local Police or Sheriffs department that handles the jurisdiction/area you live in at the same time.Do it the RIGHT way..

*Come on "T"...No body has said a word about the Poacher shooting at the property owner or his house. Those are a completely different set of circumstances that aren't even being asked about here........

2007-12-21 09:43:31 · answer #2 · answered by JD 7 · 5 1

sure you can. The question is can your bung hole take prison? I bet not.

In Texas you can shoot a person trying to steal something of yours. This is the only state in which this act is legal I believe. This law stems back to the days in which cattle rustling and horse stealing could cause a man to lose everything.

Now if you were out on your property and armed As you should be and this so called poacher aims his firearm at you you have legal right to shoot him. He is pointing a firearm at you and your life is in danger of being taken from you. Will you get off I am not sure. Hire a good lawyer and you just might.

Use this information at your own risk. CPTTango30 can not be held responsible for any loss of human life or limb or any thing else that might happen to anyone reading this posting.

2007-12-21 11:05:30 · answer #3 · answered by cpttango30 5 · 2 0

You can't shoot someone for trespassing.

You can't shoot someone for theft.

Only if your life or safety is being threatened can you use deadly force.

If you shoot a poacher, you'd better be sure the entry hole is in the front and preferably with powder burns around the hole. The law takes a dim view of people shooting poachers from ambush.

Doc

2007-12-21 13:14:47 · answer #4 · answered by Doc Hudson 7 · 2 0

These people that say "no" do NOT know what they are talking about. They are just using their gut feelings on the matter and not using any legal standing etc.

In the state of texas you can defend your property (be it land or moveable object) with deadly force.
ESPECIALLY if a guy is carrying a weapon on your property.

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm
Chapter 9 subchapter d 9.41( this deals with property.)

BUT while it is "legal" it is not recommended. What if the guy was lost? what if some scam artist sold him a lease? and he thought he had the right to hunt there.

The best option is to call the game warden. get license plates etc... you shoot a man, even if you get off(which is likely in this scenario) it will cost you a lot in legal fees etc.

2015-04-07 19:03:27 · answer #5 · answered by Thomas F 2 · 0 0

only, if they shoot at you first.
even then, you might need some witnesses.
If the poachers are illegal immigrants, you can't even shoot them then, especially, if they happen to be Mexicans. Otherwise, the Mexican government, will tell the united states prosecutors, to nail you to the wall, just like they did the border patrol officers in Texas

2007-12-21 09:33:38 · answer #6 · answered by Roger W 3 · 1 0

Humm, it really depends.

Texas has the most liberal laws, you can shoot anyone you view as a threat to yourself or property.

I know some states will charge you if you could have gotten away or the person is unarmed.

2007-12-21 09:31:03 · answer #7 · answered by evo741hpr3 6 · 1 0

You want to shoot someone because they are on your property? Ever heard of measured response? Oh never mind if you ask a question like that you couldn't understand why it is wrong. O.k. so a guy shot a deer on your land if they arrest him should they execute him? You are worse than the people who equate animal life with human life. Only you don't see any value in either.

I hear this make sure their dead thing all the time. It is a load of crap. Family members can and do sue. In this case they would take everything you owned and you would still go to jail.

2007-12-21 08:20:44 · answer #8 · answered by uncle frosty 4 · 4 4

Did you really have to ask? Of course not what are you 10 years old or something? If you want to shoot someone join the Army and go to Iraq but watch out they shoot back. You should call the authorities and report the trespass. Get a license plate number from their vehicle, avoid a confrontation and deal with it responsibly. How you can think it's OK to take a human life is what's wrong with the world today.

2007-12-21 08:02:23 · answer #9 · answered by Mr. P 5 · 8 5

USUALLY THE ANSWER HERE IS NO, but there are circumstances such as have they shot at you, have they shot at your house?
If so then it's self defense
The thing to remember is to never point a gun at anyone unless you intend to kill them. period
Make sure to kill them or you may spend a fortune defending yourself in court, paying medical bills and such.
dead men tell no tales.
I know a lot of people will disagree with me on this, but if someone is shooting at me or my house where my family lives
Then they better be ready to meet their maker.

2007-12-21 10:09:06 · answer #10 · answered by MR. T. 6 · 4 1

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