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Author Topic: I shot a dog at my deer feeder............  (Read 5742 times)
cantexduck
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« on: January 09, 2011, 08:45:09 pm »

Not really but it made you look.

    Alot of hunters spend ALOT of money and time into a deer lease. Say you spend 2k per gun and then add up the corn,feeders,stands and time. Before you know it it are 3-5k into it. Just because it illegal doesnt mean it wont happen. If a hunter is sitting in his stand watching some deer feed and a dog runs out causeing the deer to flee. They are going to be up set. I sure would be. I wouldnt shoot a dog but I would do my best to catch it and have a talk with the owner. The 2nd time the dog would be handed off to the animal people if it was the same dog.
     If deer hunters are in the woods then why hunt a place next door? Doe and spike season is still on and MLD is open to the end of Feb. A landowner has all rights to shoot a dog that is bayed on a hog, right or wrong it is in that dumb law they passed last year. I understand that dogs cross fences, it is up to us as the dog's owner to not put them next to a fence while deer hunters are out.
  Just because it is agenst the law to shoot a dog running a deer doesnt mean that it wont happen because it happens. You would be suprised at the comments made on a hunting site that I go to alot about dogs at feeders. If your dog ran in front of them while on stand they would let an arrow loose.
   Dont rely on the law to protect your dogs, remember that deer hunters are still out.
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Rich.
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« Reply #1 on: January 09, 2011, 09:01:45 pm »

I shot a dog at my deer feeder............ you aint right...lol made me look. Grin muzzle season is over next weekend where i hunt and i cant wait...
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dub
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« Reply #2 on: January 09, 2011, 09:04:53 pm »

I don't want my dogs around guns and do not run them during the day during deer season. I would like to know what legislation that lets someone shoot a dog baying a hog. I will be in my State Rep's office tomorrow if it is true but I need facts. I will be meeting with my State Rep within a few weeks so please let me know about the law.
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M Bennet
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« Reply #3 on: January 09, 2011, 09:15:37 pm »

the g w were i live said it is a felony to shoot a dog, just hunt at night its better theres no bull number 2 out there after mid night
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Monty Bennet
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« Reply #4 on: January 09, 2011, 09:16:28 pm »

The precedence for this was set by Bueckner v. Hamel in 1994, http://www.animallaw.info/cases/caustx886sw2d368.htm. "Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.

   This past year(cant find the law right now) that made hogs the property of the owner of the land where they are. Does that make sense?
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« Reply #5 on: January 09, 2011, 09:18:59 pm »

If I had 5 grand in a lease that means I'm huntin horns.Someones dog is goin to the bone pile and QUOTE ME!
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matt_aggie04
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« Reply #6 on: January 09, 2011, 09:38:54 pm »

It is illegal to shoot a dog for baying a hog. Baying is not damaging to livestock.  I have paid 3-4k a year and not shot dogs when they ran by and when I was paying all that money the biggest problem I had was the cow man feeding his cows while we were there hunting. Driving right in front of the stand that he knew you were in etc. I don't think I know of a good reason to ever shoot a dog that is baying livestock or wild game for that matter. Unless the dog is actively trying to hurt/kill family or livestock the gun is going to stay on safety.
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cantexduck
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« Reply #7 on: January 09, 2011, 09:44:07 pm »

The rights to private ownership and use of animals differs depending on whether the animal is considered to be wildlife or livestock. As both feral hogs and Russian Boars are considered to be livestock in Texas, their ownership is generally assumed to belong (de facto) to the private citizens who control the land that they inhabit (Texas Legal Code, 1993). Differing opinions of ownership for the hogs results in management conflicts; these may be both inter- and intra-managerial among production units.
http://agrilife.org/texnatwildlife/feral-hogs/economics-and-human-interactions-of-the-wild-hog-in-texas/

   Best I could find right now. I remember someone(maybe Silverton) posting about how wild hogs now belong to the land they are on. If so a landowner can protect the hogs on his property. Curs baying and biting at the hog would be considered attacking to most people. Wish I could find that post.
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« Reply #8 on: January 09, 2011, 09:45:23 pm »

That is the case? You need to read it again. Wild pigs are not domestic animals. It clearly says domestic animals can be protected. Therefore if someone shoots a dog baying a pig will face criminal charges and civil damages. Go read the case. The shooter was charged and convicted of cruelty to animals and lost in in the civil case you cited.
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mex
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« Reply #9 on: January 09, 2011, 09:45:57 pm »

If I from east TX whom never sees deer pays that and a trophy of a lifetime was about to be taken and a dog just ran him off,well I really probably would not shoot.And I mean 170 class!But someones ass may get whipped bottom line and I may have a new strike dog!
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« Reply #10 on: January 09, 2011, 09:47:07 pm »

This guy shot the dog over a deer and lost in every way. Learn to read cases.
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matt_aggie04
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« Reply #11 on: January 09, 2011, 09:50:59 pm »

I just want to know when I can send the bill to my neighbor for allowing his hogs to come plow my hay field in the last few weeks!  I find it hard to understand how the land owner is responsible for an animal that you cannot contain. I think they should have thought longer on the classification.
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mex
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« Reply #12 on: January 09, 2011, 09:53:28 pm »

AMEN!
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dub
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« Reply #13 on: January 09, 2011, 09:59:07 pm »

Oh, that was an appeal wanting the amount ordered to be paid in criminal court to reduce the amount of the judgment in civil court and the amount was not reduced. You will see the hunter was ordered to pay actual damages and punitive damages. That means he was punished in criminal court and by the civil court. $1,450 actual damages and $2,500 punitive damages that is $3,940 just in civil court plus the $375 from criminal court. The dog owner got $4,315, The hunter also had to pay criminal fees plus attorney fees. Shooting dogs is expensive. This also shows that if someone shoots your dogs you should go after them in court. It sends a strong message!
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"...A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself..." John Stuart Mill
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« Reply #14 on: January 09, 2011, 10:01:01 pm »

Wait! $4,315!!!! I have some dogs I should run during deer season! Shoot away sucker!!
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cantexduck
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« Reply #15 on: January 09, 2011, 10:02:52 pm »

 That was the case posted to get deer hunters to not shot a dog. Not the one I was looking for that shows hogs can belong to landowner. Done looking for tonight. I am sure someone will read this in the morning and post the law I was looking for.
 Matt- I agree. Dumb law and your point was brought up many times.
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« Reply #16 on: January 09, 2011, 10:06:46 pm »

My understanding is that feral hogs in Texas are classified as exotic livestock. And in Texas exotic livestock belong to the owner whose land they occupy, unless tagged or branded. I think it is the states way of not dealing with the damage caused by hogs....
I don't agree with shooting dogs for messing up a hunt, nor do I agree with hog doggers running in deer season bitching when their dogs get shot... both side need to show some respect to fellow hunters
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mex
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« Reply #17 on: January 09, 2011, 10:10:04 pm »

Thanks Chris I'm just a lil bit more on the raw side but thats where I was tryin to head.
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« Reply #18 on: January 09, 2011, 10:13:11 pm »

It is illegal to shoot a dog for baying a hog. Baying is not damaging to livestock.  I have paid 3-4k a year and not shot dogs when they ran by and when I was paying all that money the biggest problem I had was the cow man feeding his cows while we were there hunting. Driving right in front of the stand that he knew you were in etc. I don't think I know of a good reason to ever shoot a dog that is baying livestock or wild game for that matter. Unless the dog is actively trying to hurt/kill family or livestock the gun is going to stay on safety.

Good post Matt

I don't blame someone for being upset when a dog or other interuption ruins a deer hunt.  But Deer lease money only gets a person deer hunting rights.  It does not entitle a person exclusive rights to all activities on the property during deer season.  No matter how much money you pay.  If during deer season, the land owner wants to let his brother hunt squirls with squirl dogs, pen his cows with cow dogs, or kills some hogs with hog dogs, or drive by my stand to feed his cows then he has every right to do so.  He even has the right to shoot a deer.  After all, it is his property and unless a lease specifies exclusive deer hunting rights, the leasee does not have them.  So I don't see any reason to btch about it.  If you don't like to spend that kind of money then keep it in your pocket.  Most land owners think of deer lease hunters as a dime a dozen.  Its pretty easy to replace the ones that cause too much trouble.  That being said.  Its the responsibility of every party to get allong and show respect for each other.

Waylon
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dub
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« Reply #19 on: January 09, 2011, 10:15:58 pm »

Yes hogs belong to the land owner. You must have land owners permission to remove them. But wild hogs are not domestic animals. Domestic animals are the only animals you can protect. The dog must be imminent threat to a domestic animal or a real person to kill the dog. If the farmer has domestic pigs and your dogs bay one then he can shoot them but not wild pigs. The pig is owned by the land owner it is currently on. So if your dogs start after a hog and the hog crosses a property line you have to call the dogs off. You can remove your dog but not the hog without the land owners permission. But it is not domestic. The difference about the hog belonging to the land owner is unlike deer. Deer belong to the State of Texas. If you build a high fence the State of Texas can go in and remove the deer. It happened recently. But the State of Texas can't go on your property and remove wild hogs. So you can fence and raise the best wild hogs all day long and the state treats them as property but if they cross the fence too bad.
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