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  #61  
Old 10/26/14, 11:31 PM
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Location: British Columbia
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Quote:
Originally Posted by copperkid3 View Post

A similar 'suggestion' was brought up in post #38 . . .
If you'd been paying attention, you would have seen the responses in
posts #39 and #41, that to do such a stunt in most states, will result
in possible criminal penalties and fines......which would sort of defeat
the whole purpose of what the O.P. is trying to accomplish. I.E.
To enjoy his own property in relative safety and to allow his neighbor(s)
(and whomever they have invited) to do the same on their property.
I was paying attention, I read those posts and that is why I suggested an air cannon as an alternative.

An air cannon falls under a category different from playing loud music or doing something else that would be disturbing a hunter on another property. There is no difference between shooting a gun and making a noise, and using an air cannon and making a noise. They DO the same thing - make a loud noise - except that the air cannon is safer than the gun.

Of course the OP should check the noise bylaws for his state and county but I think he'll find the laws regarding use of air cannons on farms in his state are the same as for farmers in other places in North America, even during hunting season.

If a farm property owner has livestock or crops on his property (the OP is planning on putting in an apple orchard) that are at risk from wild animals he may use an air cannon at crucial seasons to frighten those wild animals away from his property and that includes during hunting season for deer, a crucial season for farmers. An air cannon will NOT attract deer, it will drive them away.

They work a treat for all the farmers here who use them for keeping deer, elk, birds, bears, cougars, wolves, coyotes, skunks, feral dogs etc. away from crops and livestock.
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  #62  
Old 10/27/14, 12:29 AM
 
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Location: Eastern Panhandle WV
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Its 500 feet to a home here in wv. But no way would I let people drive over my yard. water pipes septic systems could be damaged right. I dont see that if he walked in off your land not across your land and its 500 feet or what ever it is in your state that you can do anything. other than when he starts shooting call the sheriff and let him decide if it the distance needed and safe. when reading my states laws it reminds people of bullets going 2 miles or more.
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  #63  
Old 10/27/14, 01:45 AM
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Please so indicate where "air cannons" fall outside the realm

Quote:
Originally Posted by Paumon View Post
I was paying attention, I read those posts and that is why I suggested an air cannon as an alternative.

An air cannon falls under a category different from playing loud music or doing something else that would be disturbing a hunter
on another property. There is no difference between shooting a gun and making a noise, and using an air cannon and making a noise.
They DO the same thing - make a loud noise - except that the air cannon is safer than the gun.

Of course the OP should check the noise bylaws for his state and county but I think he'll find the laws regarding use of air
cannons on farms in his state are the same as for farmers in other places in North America, even during hunting season.

If a farm property owner has livestock or crops on his property (the OP is planning on putting in an apple orchard)
that are at risk from wild animals he may use an air cannon at crucial seasons to frighten those wild animals away
from his property and that includes during hunting season for deer, a crucial season for farmers.
An air cannon will NOT attract deer, it will drive them away.


They work a treat for all the farmers here who use them for keeping deer, elk, birds, bears,
cougars, wolves, coyotes, skunks, feral dogs etc. away from crops and livestock.
*************************

of Alabama's statute regarding "HUNTER HARASSMENT"? You do a grave disservice when suggesting means for the O.P. on how to try
and 'technically' get around violating the law(s) of his own state, when you aren't even a citizen of either his state or even this country.

Better to first learn how to successfully violate the game laws in your own British Columbia, before trying to sell us your wares south of the border.....

https://www.animallaw.info/statute/a...ing-or-fishing

Code of Alabama. Title 9. Conservation and Natural Resources.
Chapter 11. Fish, Game, and Wildlife. Article 8A. .
Interference with Legal Hunting or Fishing.


  • Primary Citation: AL ST § 9-11-270 to 275
  • Last Checked: October, 2013
Summary: This section of law reflects Alabama's hunter harassment provisions.
Under the section, no person shall willfully and knowingly prevent, obstruct, impede,
disturb, or interfere with, or attempt to prevent, obstruct, impede, disturb, or interfere
with any person who is legally hunting or fishing. Prohibited activities include creating a
visual, aural, olfactory, or physical stimulus intended to affect the natural behavior of the
wild animal being hunted or fish for the purpose of fishing, or affecting the condition or location
of personal property intended for use in the hunting or fishing. Any person violating this article is guilty of a Class C misdemeanor.

Statute Text

§ 9-11-270. Interference with persons legally hunting or fishing.
No person shall willfully and knowingly prevent, obstruct, impede, disturb, or interfere with,
or attempt to prevent, obstruct, impede, disturb, or interfere with any person in legally hunting
or fishing pursuant to the rules and regulations of the Department of Conservation and Natural Resources and the law of the State of Alabama.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 1; Acts 1996, No. 96-668, p. 1131, § 1.)
§ 9-11-271. Activities prohibited.
Activities prohibited by this article shall include, but not be limited to the following:
(a) Creating a visual, aural, olfactory, or physical stimulus intended to affect the
natural behavior of the wild animal being hunted or fish for the purpose of fishing.
(b) Affecting the condition or location of personal property intended for use in the hunting or fishing.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 2; Acts 1996, No. 96-668, p. 1131, § 1.)
§ 9-11-272. Obeying order of peace officer.
No person shall fail to obey the order of a peace officer to desist from conduct which violates this article.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 3.)

§ 9-11-273. Limited application.
This article applies only to activities on lands or waters upon which hunting or fishing may legally occur.
This article does not apply to acts of a peace officer, owner of the lands or waters, or the tenant or
other person acting under authority of the owner of the lands or waters; provided, however, that the
provisions of this article shall apply to wildlife and game management areas operated by the Division
of Wildlife and Freshwater Fisheries of the Alabama Department of Conservation and Natural Resources.
This article shall not be construed to prohibit conduct protected under the First Amendment to the United States Constitution.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 4; Acts 1996, No. 96-668, p. 1131, § 1.)
§ 9-11-274. Penalties.
Any person violating this article is guilty of a Class C misdemeanor.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 5.)

§ 9-11-275. Construction of article.
This article is supplemental to all laws relating to hunting and fishing and shall be construed in pari materia with Chapter 15 of Title 35.
CREDIT(S)
(Acts 1994, No. 94-321, p. 561, § 7; Acts 1996, No. 96-668, p. 1131, § 1.)
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  #64  
Old 10/27/14, 03:18 AM
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Toasterburn, it's just a thought but maybe something for you to consider for next year if you want to look into getting a permit (or not). An air cannon of the right size and right decibel setting on a timer can be set to sound exactly like you are hunting and shooting on your own property with your own firearm. It will keep deer away from your own property and away from what's just on the other side of your property line and nobody else would know that you were not really hunting because they wouldn't know the difference. It would sound just like all other hunters shooting their guns in the vicinity. The result would be no deer there, so no real hunters shooting there either because they have nothing to shoot at.

I think if you are interested in the potential of using an air cannon for deterring deer from coming near your property next year you can check for yourself with your state Department of Agriculture to find out what their regulations are.

The Departments of Agriculture in both USA and Canada support and provide legal permits for farmers' use of automatic propane air cannons (sometimes also known as corn cannons) or other automatic audible wildlife scaring devices used to protect livestock and crops. There are many states in USA that support farmers' use of them but I don't know if all states or counties permit them within town limits. I only know what the limitations are here and in some places here their use has to be a distance of 2 miles outside of town limits so as to not disrupt the peace of town dwellers.

They are available in various sizes and some people make their own instead of buying them. There's instructions on internet for how to make your own air cannons. Depending on their size and type they can make a broad range of sounds from gentle pops like an air rifle to loud booms like a shotgun to extremely loud booms like an explosive blast but most are required to be kept at less than 100 decibels if there are neighbours nearby. If you use one by permit then some places have time of day and time of year restrictions as well as decibel restrictions so you would need to find out what the restrictions are.

Like I said, it's just a thought, but maybe an idea for you to play with as a possible solution.
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  #65  
Old 10/27/14, 03:49 AM
 
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Location: Jefferson
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Hey Copperkid,

I see where in all of these statutes the definition is legally. Legally is the debatable article and directing rifle fire at a known habitation is illegal and negligent. Farmers here use propane cannons all the time to scare geese off of their pasture. Engaging in an activity on ones own land is one thing engaging in an activity on public land is quite another. No sane peace officer is EVER going to cite someone for conducting legal activities on their own land. There is a legal test called spirit of the law versus letter of the law and these laws were specifically designed to stop hunter harassment in the field. Not to stop someone from shooting into ones own backyard albeit across a fence.

I found another nifty tidbit in the Alabama State Penal code.

§ 13A-11-61
Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty.

(a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state.

(b) Any person who commits an act prohibited by subsection (a) with respect to an occupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft shall be deemed guilty of a Class B felony as defined by the state criminal code, and upon conviction, shall be punished as prescribed by law.

(c) Any person who commits any act prohibited by subsection (a) hereof with respect to an unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft shall be deemed guilty of a Class C felony as defined by the state criminal code, and upon conviction, shall be punished as prescribed by law.

Notice how there is no limit on the distance in the penal code. That is because YOU are RESPONSIBLE for your bullets, and if they hit someone or something you are liable criminally. Know where your bullets are going and remain felony free thinks me. In my experience penal code trumps wildlife code every time.
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  #66  
Old 10/27/14, 05:29 AM
 
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Just wondering, if he puts something at A, how close is he to the house across the street? That looks to be even closer than your house.
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  #67  
Old 10/27/14, 08:08 AM
 
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In MN it's illegal to discharge a firearm within 500' of a building occupied by humans OR livestock without written permission from the landowner.

I would contact the owner of the property and discuss your concerns.
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  #68  
Old 10/27/14, 08:30 AM
 
Join Date: Sep 2013
Location: Alabama
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Quote:
Originally Posted by arabian knight View Post
And how many know that the distance to the road is illegal. Have you gone out and measured it? Remember it is Not from the Edge of the road or shoulder, or roadside fence it is measured from the Center Of the Road at least here in WI it is. And in WI it is 50 FEET from the center of the road.
And that is not very far at all off the road.
And that does not included Private Roads or Driveways, it is for Marked Roads only.
And if it is driveway or private road I can with My disabled sticker Stay and fire my rifle from my stationary car.~ If I have a Special Hunting Permit for the disabled.
And that 50 foot mark is pretty much Just across the ditch and the other Side of the Fence about 10 to 20 feet is pretty much that 50 foot mark. So that is in other words just off the hi way sort of speak. LOL
Alabama law is cannot discharge a firearm from "50 yards of the right-of-way of any public road". Both A and B are far too close.
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  #69  
Old 10/27/14, 10:59 AM
 
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I'm with the other suggesting check out the local laws. You don't have to give him access, but if he can access from somewhere else and the laws don't prohibit him from hunting there your out of luck with stopping him.
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  #70  
Old 10/27/14, 11:04 AM
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Quote:
Originally Posted by hawgsquatch View Post
This case happened a few miles from my home this year. The "Hunter" is looking at a felony conviction, the loss of voting and firearms rights and a big civil lawsuit.http://lostcoastoutpost.com/2014/oct...-residence-la/
Seems like there is a case like this about every year or so. Recently there was a bozo who shot and killed a farmer who was out on his tractor working in his fields. The truth came out that the bozo had purposefully sighted on the farmer and was pretending to shoot him playing Rambo and "Accidentally" pulled the trigger. This means he has the safety off, sighted on a person and pulled the trigger. Everyone one of these steps was wrong, bad and the result was the death of an innocent bystander. The bozo did get convicted.

There have been other cases of stray bullets from hunters that penetrated houses and killed people. Other stray bullets from hunters that killed people in their yards.

We've had bozos that shot from their vehicles from the road into our livestock fields. Sometimes I know they're aiming at turkey and deer but they have also killed our livestock and our dogs. This is illegal. It is illegal for them to shoot from the road, from the vehicle, on our land (we post fully legal 4x), shooting dogs and shooting livestock. All illegal. They endanger our lives.

I let some people hunt with permission on our land but bozos like the above are causing a back lash that will result in more and more loss of hunting. Hunters need to be extremely responsible and respectful. They're using a deadly weapon and they desire the permission of land owners. Good hunters aren't a problem but the bozos destroy it for everyone.
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  #71  
Old 10/27/14, 11:23 AM
 
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All these posts are talking about hunting, but just what is a "shooting house?"
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  #72  
Old 10/27/14, 11:24 AM
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I think I could relate to the OP's hesitance. It is not so much the hunting that would bother me, it is the man. It is the way he was going about it. To me, his behavior toward the OP is a good indicator of what kind of risk he is to the OP and everyone else. To get angry and then threaten.... that is not someone I would want hunting around me. Maybe it's my job but someone like that would evoke a strong response in me. There is no way I'd have an angry, threatening man with a gun hunting 300ft from my house. Just no way.
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  #73  
Old 10/27/14, 12:19 PM
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I've got to think this guy has scouted out the place.
He knows your there, he wants to set up on the line so as not to shoot your way but Does not want a long trek back to the blind.

People sometimes hear what they want (OK Most times) are you sure what you took as a veiled threat was really that?
After all you quickly went to a defensive thought frame.
Perchance he was not the greatest communicator as well, he may have been trying to convey that he's taken things into account and thought that the best place to avoid issue, though if he comes in the other way he may have to setup in a fashion that may put you in the field of fire.

If it where me, First make sure he has the right parcel, second check his permission,
third check his game plan, which should include no shots towards the property.
If all sounds good, I would allow him access based on certain ground rules,like he may have to park and walk. I would also let it be known violate the rules and they will be revoked.
I'd also drop that I like venison...

If he is parking where you can see, then you know when he's there.

I only ever shoot once well out , that is at a valid target.

Hunting is not like going to the target range...

So I have to say spooking the life stock is not real valid.

They been setting the country side on Fire last month or so, doesn't seem to bother any of the critters.

What do you do during thunder storms?
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  #74  
Old 10/27/14, 01:11 PM
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Quote:
Originally Posted by texican View Post
Hunted all my life, and haven't got a clue what a shooting house is. Are we talking about a deer stand? a hunting stand? Shooting house sounds like a gun range to me...
Here is one of our shooting houses

How can I keep people from hunting next to our house? - Homesteading Questions

Here Firearms Season last a month and we are allowed 2-3 Deer during this season. Unlimited during Archery Season.

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  #75  
Old 10/27/14, 01:20 PM
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I have never hunted before so I'm ignorant in the ways of a hunter.....but I have a question. Why would the hunter need to access your land at all to get to where his stand would be? That area is right next to the road. Is it because of the noise of parking the truck then walking to the stand from that direction? Or simply more parking space on your land instead of parking off road?
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  #76  
Old 10/27/14, 02:33 PM
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With the law in Alabama being 50 yards from the public road (150 feet), and looking at your map, I think the stand would be too close to the road. With your property being 3 acres (which if square would be approximately 361 feet on each side) it appears that the stand would be too close to the road unless it is a private road, and too close to the house across the street; so even if you give him permission he will probably be in violation of Alabama laws. Unfortunately I would rather have him hunt at point A than B, as he would be shooting away from the house.

The only way I would give him permission to drive/park on land is in writing - with both of you signing the papers, limiting the dates of access and the specific vehicle and persons allowed on your property, as well as stating that he may not hunt on your property nor towards your property, and must obey all hunting laws of the state and county. That way you avoid any controversy about what you gave him permission to do, and if he is in violation of the law it should not be your problem. You should keep an original copy, what we normally do when signing things like this is to make two copies, and each of you sign both and keep one, with a statement on the page that only an original signature is valid.

I'm not against hunters, my husband hunts occasionally and most of our neighbors do, but not in our area - even with most of us owning about 8 acres we feel there is not enough land to hunt safely.

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  #77  
Old 10/27/14, 03:19 PM
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Sure he can run on your place and park. $50 for every day he wants to park there.

This guy wants to sit on the edge of your property with a gun for hours at a time, 300' from your house. NO THANKS. Hunting has nothing to do with it. If you can dislodge him for any reason, I'd do it. You don't know this guy. You don't know what he's capable of. Does he have a rifle scope on a deer, or is he checking the back of your place out for what might be there that he could come back for at some time.

I hear all the time about responsible hunters and that's fine. I've got a neighbor who hunts my place and I'm good with it. His deer stands are half a mile from the house, though, and no where near my cattle. No problems at all. People come to the door and ask if they can hunt. They are respectful men, and you can tell they are most likely good hunters, but no one I don't know gets to hunt my land. Then there's the pick up that drives by with two men, and fifteen minutes later goes back through with one guy in it. You know what's going on: They let one guy out to walk through my property to the other road and get a deer on the way, or driving them off my property onto the one next door to be shot there. Next to impossible to catch them.

So no way I'd ever help the jerk that came to the OPs door and wants to drive on his land to get to his stand. And the OP owns a WHOLE THREE ACRES. What an awful thing that that poor hunter can't get to his stand. Can't he park on the road, if he's set on that spot? Lazy so and so!

I'd check with the property owner just because of general cussedness to see if the guy has permission or not. If the owner is a decent sort he might tell the jerk to not shoot too close to your house and the problem will be solved that way.
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  #78  
Old 10/27/14, 03:44 PM
 
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"Can't he park on the road, if he's set on that spot?"

Yes and no. You cannot legally park (even briefly) on the right-of-way in Alabama unless you have a vehicle breakdown. He would have to find a spot deeper into the property than 30' from the centerline. (Common ROW on county roads is 60')

Frankly, it looks like a stupid place to hunt if you want any success. Prevailing winds usually come from the NW, and the deer would smell a hunter upwind.

Deer like protected spots like our backyard. Took this photo a couple nights ago through the back door:
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  #79  
Old 10/27/14, 05:04 PM
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Originally Posted by ||Downhome|| View Post
Hunting is not like going to the target range...
Hmm... Until dusk, especially on the last day of hunting season. At that point they've been sitting all day, are cold, haven't gotten to shoot and unload their gun by firing off shots, often many. We hear it every year. Just ask dusk approaches and hunting legally ends the mountains ring out with the sound of rifles and shot guns. Then it is just like a target range.

I live out here. I farm out here so I'm here all day. I hear it. I see them drive slow by our posted land, looking for deer and turkey, shooting into our fields. They can see the turkey but somehow they can't see our "NO HUNTING" signs spaced 100' apart (4x more often then required by law). I have to keep living and farming right through hunting season and listen to these idiots. Mostly they're from the city. They consider an acre of trees to be way out in the wide open empty wilderness. Not the good hunters of course, but it only takes a few bozos to kill some innocent person each year. Who gets killed? Mostly those of us living and working here. Who does the killing? The incomers for the most part. Bunch of Yahoos.

Why does this happen? Because the state encourages hunting because the hunters bring in a lot of out of state money into our local economy. I would rather have wolves. Oh, wait: I do!

That's reality.
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  #80  
Old 10/27/14, 05:07 PM
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Originally Posted by big rockpile View Post
Here is one of our shooting houses
How can I keep people from hunting next to our house? - Homesteading Questions
That looks like a shooting gallery. Hunters pop up and the deer have to hit a hunter before the hunter ducks down again. Like something at the fair!
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