# Question about shooting across established roads in ND.



## bigstic (Apr 30, 2008)

Hi, I am new here and not sure if this is the right place to put this but it does involve pheasant hunting.

My wifes family lives in ND right on highway 21. They have a farm with livestock and crops. My father-in-law is an oldtimer that will let people hunt his land IF they ask nice first. He has never had a problem until this year. The land across highway 21 across from their farm house was sold last year. The new owner just baught it to hunt pheasants on. The first weekend my father in law was out working his horses and head shot land on the tin roof of his shed. Goes outside and sees these guys shooting towards his property. This is across a freaking paved highway. He confronts them and they pretty much tell him GTFO. He calls the local sherif and is told that "they can hunt the roads"

Now I am from Montana and My family has 30k+ acres of farm land in eastern SD. I avidly hunt both states every year and I was amazed to hear that shooting across an established highway was "OK" in ND. IS this true? Is there nothing my in-laws can do? I have read about the 440+ yard rule and well it didnt seem to work in this situation because the shed was a mere 15 yards from the house, both of witch sit mabey 100 yards off the higway.

Anyway any info or ideas of people they could talk too would be appreciated. I suggested calling the local Game & Fish but they have yet to hear back from them.

Thanks.


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## blhunter3 (May 5, 2007)

Glad to see on the site, you will like it here.
As for the road shooting. I think that the sherrif is wrong, because they have to be so far from a house and you cannot shoot at a house.


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## bigstic (Apr 30, 2008)

Thanks for the welcome.

I have read through the ND century code here http://www.legis.nd.gov/cencode/T201.html

found.
20.1-01-21. Hunting near occupied building without permission unlawful. No
person may hunt or pursue game upon the premises of another, within four hundred forty yards
[402.34 meters] of any occupied building, without consent of the person occupying such building.

But I have read pretty much every article and cant find anywhere that says you cant shoot across an established road. Now I am not gonna say I know all the laws in MT and SD but I guess I just always ASSUMED that it was against the law to shoot across a Established road. I am not talking like a little 2 track but an actuall PAVED highway with emergency shoulders and cat eyes to boot. Guess I am gonna have to see what MT and SD have to say in their regs cause my in-laws want to be ready come this season. I cant blame them since I dont like getting shot at either.


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## whitehorse (Jan 28, 2008)

haha, i don't wanna leave a message with no info, but that really sucks!!

it would make sense to not be able to shoot over a road, but it's ND!

i was going to say 500 yards, but didn't know for sure.... are they keepin that far from a buildin? lol, maybe if you set up a "building" (dog house) at the end of the property line, ya could keep em a little further away? if that make sense... other wise...

shoot clays back!!!!!


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## g/o (Jul 13, 2004)

The Sheriff is correct, your wifes family does not own the property across the road therefore he can not stop them from hunting or shooting even if they are within 440 yds.


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## morel_greg (Apr 16, 2007)

To reitterate what g/o said from the regulations "It is illegal to hunt upon the premises of another within 440 yards of any occupied building without the consent of the person occupying the building. *This does not prohibit hunting on land owned by neighbors (private or public) even if the land is less than 440 yards from the occupied building.*"

On another note ,Ive hunted around the 21 some, my best friends grandparents live on the 21 a few miles west of New England and have some land there. Where about does your family live.


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## bigstic (Apr 30, 2008)

Thanks for the info.

Kinda figured that there wasnt anythign they could do. Still seems dangerous that you can shoot across a highway. Also I find it strange that it says you can hunt within the 440 yards but nowhere does it say you cant shoot "AT" a dwelling. I know it sounds like common sense but I guess not everyone has common sense.

morel_greg: They live down around the Flasher area. Nice little farm that my father-in-law has put his whole life into. Its not alot of land(think they have around 800acres) but it is perfect for his cattle,sheep and horses and keeps him out of trouble. :lol: HE keeps wanting me to come out and kill some birds but I have only so much vacation time and well been going to SD for opening week for the last 10 years. But one of these years I am gonna kill a ND bird.


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## bigstic (Apr 30, 2008)

Well just another note.

Looked up Montana's regs on roads and found this.

Prohibited Methods of Taking - It is illegal for anyone to
hunt or attempt to hunt any game animal or game bird:
• on, from, or *across any public highway or the shoulder*,
berm, barrow pit or right-of-way of any public highway (the
entire width between the boundary lines of every publicly
maintained way when any part thereof is open to the use
of the public for purposes of vehicular travel, in the State of
Montana, MCA 61-1-202); or

And according to http://www.sdgfp.info/Publications/HuntingHandbook.pdf South Dakota has a 660' right-of-way surrounding their roads where you cant shoot or shoot at birds.

Guess ND is just special. Remind me to watch out for hunters while I drive down the roads in ND. I would hate to flush a bird out and have one of em shoot at me :lol: :lol:


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## Springer (Dec 21, 2004)

You can shoot across the roads in ND except for the Federal ones (Interstate).
I would think though if you started shooting in their direction they may think about it again when shooting. You know what comes around goes around.


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## Rick Acker (Sep 26, 2002)

I don't care if it's legal or not...You gotta be pretty desperate and a loser to be shooting on a highway and near a building. People like this ruin it for the rest of us!


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## dblkluk (Oct 3, 2002)

> I don't care if it's legal or not...You gotta be pretty desperate and a loser to be shooting on a highway and near a building. People like this ruin it for the rest of us!


I agree, but it seems that many people who have not grown up around the rural landscape, think its perfectly normal to hunt that close to homes/buildings. 
I am amazed every year with pictures that are posted on other forums of guys with decoy spread within a "stones throw" of a single house or even several houses.


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