We have Poaching & Night hunting: State & Sheriff do nothing!

Being from the 'burbs, I've wondered about this type of thing. What, exactly, are the rules for criminal encroachment onto a persons' property? Say, for instance, shots were being fired on an ongoing basis onto your property and you had children, animals, cars, structures, whatever... what can be done? I've never had this happen, but I've wondered about it. Or, what if they're drunk and on their ATV and you say "get the heck outta' here"... what recourse does a person have if they don't? I've heard about the purple boundary markers for here in Texas, but don't know what recourse a person has if these markers are crossed. Note: I don't own a firearm currently, but I've always wondered what I'd do... in the dead of night (or brightest light of day)... with a few armed strangers on my property that think I'm a spoilsport for asking them to leave the area due to risk of loss of life or property. What should (could?) a person do in those circumstances?

Depends on the states what you can do...

I've been reading up real heavily on WV law...In WV, if the land is posted, or if there is a fence that clearly marks a boundary, you are trespassing once you step over it or pass the posted sign if you do not have written permission. You don't even have to be asked to leave. You can be arrested and fined if the owner tells the police they don't belong there. You can however cross the line if you are going to the home to ask for permission, but I think I'd not really want to do that myself....

If you invite someone on your property, and you decide you've had enough of them, if you ask them to leave, they have to. If they don't, then they can be arrested and fined..

If someone brings a firearm on your property, invited or not, you can ask them to relinquish it. If they don't, then the laws get even more so stern.. and they will also be considered trespassing with a firearm. Much stiffer fines if you are trespassing with a firearm..

As far as how you'd handles it, I really don't know.. because I've not been in that situation. I know I am going to ask them to leave, because it is my land, and I know I will have my own gun as I'm politely asking.. .

I did have someone out visiting on the new place last weekend that did have a CCW on him... I could have asked him to hand it to me until he left, but I didn't. Hes watching the place for us while we aren't there.. and as he told me, We're our own sheriffs Needless to say, I also allowed him to hunt while we're not there.... Those are the kinds of neighbors you want...

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Never let your fear decide your fate!
Kein Mitleid für die Mehrheit

DNR...shotgun

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Brenda Groth
http://restfultrailsfoodforestgarden.blogspot.com/

If a person is driving any type of vehicle on your property with out permission you can impound the vehicle. My father once kept a pickup parked on his land for over a year. They did attempt to get the law to get the pickup for them but that is against the law.
They also attempted to get it back with guns. That didn't work out very well for them either. They then tried to pay some one else to get it back. Again they failed.
When they decided to pay for the damages done they got the pickup back.

In WV you can either move the vehicle off your property, or call someone to come tow it. You can't keep it yourself. If damage is done to the vehicle, like a tree branch scrapes it as you back it out of your drive, you are not liable so long as you used reasonable care.

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Never let your fear decide your fate!
Kein Mitleid für die Mehrheit

Wouldn't it be fun to put 2-3 pounds of Tannerite in a deer carcass and stand it up 30yds or so from the road?

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Vicker
If you're born to hang, you'll never drown.

I'm with those who think you called the cops when what you need is a game warden. Fish & game, DNR, conservation dept., whatever they call it in your state, get them working on your case.

Are the poachers using deer stands? If they are installed on your property, they belong to you now. Sell them and you'll have the money for better game cams to see what else is going on.

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It is still best to be honest and truthful; to make the most of what we have; to be happy with the simple pleasures and to be cheerful and have courage when things go wrong.
Laura Ingalls Wilder

Flag all your property as no hunting & no trespassing.
Get the State Wildlife boys involved for the hunting, sheriff for the trespassing.

That would be the nice way to handle it.
But I'm not nice and would handle it a tad bit different.

First of all I should re-phrase my thread as; We have Poaching and Night Hunting: State DNR & Sheriff are bewildered

Information regarding responses:
- Poachers base out from their families properties (safe zones) who boarder my property. They have no jobs; two are fired ex-cops & one is an ex-prizoner..
- Night cameras need to ID the person; if they wear camo and hoods not easy..plus they have to be identified on your property..not easy again..
- We can perform Citizen arrest in Ohio but can not detain a person..or we will be fined..would not detain an armed person at night..unless I had another person with me..
- Poachers use dogs that detect you before you get close to them..if you do get close to them they run for the 'safe zone'. You don't want to kill/maim them as they can sue you and take your property..You can kill them in your house..but they have families that will come after you!!
- I have had friends come over but the poachers use dogs to scent them and you ..it's not easy to get friends come over with full time jobs..consistency..when poachers work primarily between 10P-6A
- I carry a weapon and have walked right up to them at night .. but I have no license to kill..and there is always 2-4 of them..
- Our Local DNR and Sheriff have tried; but they are limited on resourses and are more re-active than pro-active..they do not provide security..
- It seems the landowner is in catch 22 trap in Ohio.. laws favor the criminal..
- My situation has no clear answer..the ex-cops around me know this..
- I may try the news media to get public support and it seems to successfully catch one of these poachers at night, I will have to find a DNR or Deputy to walk with me to make the charges stick.. but with little law enforcement resources ..that won't be easy..however if I was robbed or shot they will come! We need to revise our laws and form a movement in favor of the landowner.. Seriously we have little to no protection in the farm/rural areas!!

That is what cured my problem. The law is useless.

You don't have to fling the rounds willy nilly all over, nor would I do so......simply unload a mag, or two, or three, into a good berm or backstop, or just off your porch into the ground......the sound is the deterrent, not where the round goes. They have no idea you AREN'T flinging them in their direction, and they will get the idea you are a slightly nuts combat vet ( an image you need to carefully cultivate......"Wanna see my papers from the VA ?" is my favorite line )

Drive out on your property when things are heating up, run a mag load in the ground, move around, do it again.

They'll get the message.

What county? I bet it's either Montgomery or Miami. Lazy game warden and cops willing to make a bust only if a good deal of pot is involved. Confiscation ya know.

You can go over the head of the local game warden. Regional and state level officers are listed in the hunting rules and regs.

But, from the side of the warden, unless they are caught in the act or on film, it didn't happen. Get photo evidence and then call. License plate numbers are great.

The local police should respond if you say people are in your woods shooting toward your house.

I spose I'd start hunting the hunters. While I couldn't shoot a poacher, I could harass the snot out of them. I don't like being bullied or stole from. Same goes for any neighbors that are enabling them to steal from you. Some folks only understand knobs on their heads.

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~Only the rocks live forever~

sent you pm..............

That's pretty much what I was getting at... I sure wouldn't go tossing lead any and everywhere...if you hit someone and not mean to, you could still get nailed with manslaughter if nothing else..

__________________
Never let your fear decide your fate!
Kein Mitleid für die Mehrheit

If you were to set up a security camera system, and loudspeakers I bet you could get them to leave, even if you can't get them arrested. You would need your security system set up to email you when they enter the area. You look on your computer to verify that they are indeed the poachers. Then blast the star spangled banner, or some other piece of music (acid rock?) EXTREMELY LOUD. Enough to terrify the animals and make them run away. In the mean time, you can call the sheriff with whatever identifiable information you can provide.

Better yet, when you see the poacher on your land, call the sheriff, or DFG guy immediately. Let the guy get set up, and don't blast the music until he is getting ready to take a shot.

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I yam what I yam and that's all what I yam.

Popeye

Hey I though I was the only one that did that. I used a 40 caliber hand gun because it is easy to clean afterwards and the ammunition is cheaper.

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God must have loved stupid people because he made so many of them.

If and when you call the authorities tell them that their radio frequencies are being monitored and please use their cell phones to dispatch. They cannot monitor cell phones in order to scatter. I had this advice given to me by city police. Also call the sheriff personally if you can get his number and talk with him.

As for your property, some advice that was given to me by ADT. Take some board lengths, drive three inch dry wall screws through them and set them across paths, pointy side up. Cover them with a thin coat of leaves to hide them and set back and wait for the screaming to begin. And it will begin. Not only will trespassers have their feet impaled by the screws but they will also be puncturing their ATV wheels. This really works with trespassers.

You could also string some wire chest high where they are riding their ATVs through your property. Make your trails inaccessible to their ATVs.

I've talked with my friends about ways to defend my property and they have said, Man, you are a vicious little thing. Yep when I am forced to be. Don't mess with my property.

You could also contact your local states attorneys office and tell them what is happening and what the local LEOs are doing to help you. The DNR is also a good option. They are passionate about enforcing the local hunting laws.

Good luck. I feel for you and what you are going through. But stay safe. If the trespassers have no fear of the law, they also have no fear of expanding their law breaking.

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I'm in my own little world, but it's ok. They know me here!

LOL I think what a lot of you are missing is small town politics. There is no point of having cameras and pictures if the cop looking at it will never be able to see his brother or kid.
Our town was having problems and had cameras installed. Within a week vandalism happened and the mayor viewed the tape and identified the culprits.He was pretty proud of the catch and bragged it up, Of course the parents of the culprits insisted on seeing the tape, this time the tape was viewed in a open session with a lot of people. When it got to the place where faces showed the parents said " NOT OUR KIDS!" and the mayor asked "well who is it?". The entire room was in agreement ...it was the mayors daughter.
Funny thing the mayor never could see his daughter and simply declared the tape "UNCLEAR"

I can see that would work once but whats to stop them from picking them up and tossing them somewhere for you or your stock to land on? Ouch!

Not sure about your state, but in mine booby traps that injure or maim will get you thrown in jail, your property or not..

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Never let your fear decide your fate!
Kein Mitleid für die Mehrheit