# Who should get the deer?



## Gildog (Jan 30, 2007)

Here's a situation for all to consider:

Hunter A is hunting on his land, which is right next to State Land. Hunter B is on his land, which is next to Hunter A's land and the State Land. Hunter A and B don't know each other, but both know they aren't allowed on the other's property.

A big buck (over 200 pounds, narly 4x5, wider than the ears) goes along the edge of Hunter A/State Land, headed toward Hunter B who is hunting where A/B/State land meet. The deer is 220 yards from Hunter B. Hunter A is at 90 degree angle to the deer, 250 yards to the north. (if I knew how to draw it out, I would. Main thing is both hunters have safe line of fire to the deer)

Before hunter A can touch off a shot, hunter B shoots and the deer is hit. But it doesn't go down, in fact it takes a few steps out into hunter A's field and stands there. It stands there for a long time, several minutes in fact, with its head up, looking around. It is directly facing hunter A, and broadside to Hunter B. It finally turns and quarters to Hunter A, who shoots and drops it in it's tracks.

Both hunters converge on the big buck. It is determined that the deer was on the line of Hunter A's land and the State land when hunter B's shot hit it...but it was hit thru the muscles of the rear quarters. Hunter B said he didn't shoot at it after that because the deer had turned and stepped on Hunter A's land, where he didnot have permission. Also found that Hunter A's shot put the buck down by hitting the neck.

Million dollar question--who should get the deer?


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## Chuck Smith (Feb 22, 2005)

Was the first shot fired going to kill the deer? 
- Did it hit an artery or any thing like that or was it a flesh wound?

If it was not a killing shot the hunter who put the killing shot on it should get the deer. IMO


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## Wyomingpredator (Oct 16, 2007)

If it were me I would give the deer to the person who shot it first if He asked permission to come retrieve it especially if the first shot ruined any meat IMO


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## TANATA (Oct 31, 2003)

Depends how bad I want the buck. Could go either way.


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## ruger1 (Aug 16, 2006)

The first guy to mortally wound the buck gets the buck.

I got into this exact situation with a guy who shot the buck first, but he hit it in the foot of all places.

He tried telling me that he would have gotten the deer eventually. Yeah right. The deer ran past me and I put a bullet where it belonged.

It took his grandfather coming over to settle it. He told his adult grandson that he felt the guy who mortally wounded the deer shoulg get it. He felt there was no way his adult grandson would have got that deer.


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## verg (Aug 21, 2006)

The general rule here in SD is the first one who shot the deer gets the deer assuming he/she did it legally. So if hunter B shot it on the land he was able to hunt he should get it. 
Not saying this is right but is basically how we do it around here.
But there is that 'ol double edge sword. How bad was the buck wounded? If just nicked or not lethally (meaning dying within the next 24 hours) Then it could very well go the other way.

So basically..I have no idea.


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## dblkluk (Oct 3, 2002)

I was never very good at word problems.... :-?


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## Hockeyhunter99 (Oct 11, 2007)

they should share the meat and become life long friends and tell of the day that they met with pride. hang the rack on the fencepost where they shot the deer and go and have a cold one or two together. :beer:

from a legal stand point. mortally shot and dropped. gets the bragging rights.


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## Hooligan (Oct 21, 2006)

*Do we get graded on this??

My personal opinion: Shooter that downs it, is the winner.
Because of the variables here. Just because you wounded the deer doesn't entirely mean its yours. If you wound it, goes into land you don't have permission to hunt on, stands there all day and looks at you. You're SOL, unless it lays down and dies, then its yours, but THEN you have to permission to retrieve it by the landowner you don't have permission to be on. And if denies you permission, you're SOL again and the deer goes to waste.

But going back to the question, Hunter A had no way knowing the the deer was wounded because it appears to him to be in decent shape and moving, so he takes the shot and downs it on his land. So Hunter A gets the deer and Hunter B gets to cry in his beer.

*


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## bwnelson (Oct 29, 2002)

Reminds me of the great old joke about the hunter, the farmer, and the duck resolved by the ball kicking contest ....

I personally refuse to get THAT worked up over an animal.

For what it is worth, I am in the camp of the mortal wound has rights to the deer.


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## roostman (Jan 20, 2006)

was it sunny or cloudy out and was it on a odd or even day? We have to know more to figure out who gets the deer, plus what kind of hunting dog did each one have. :beer:


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## hunt4P&amp;Y (Sep 23, 2004)

my head hurts...........


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## iwantabuggy (Feb 15, 2005)

I am sure most states have a law on this. I believe most of them will be just like Idaho. The person firing the kill shot MUST tag the animal.

I was required to bag a 50 lb black bear this year due to this exact law. I didn't want the animal per say, but another hunter had wounded the bear. It brushed up in heavy brush and he was afraid to go in after it. I went in, killed the bear believing his words that it was a big one. After the kill shot, I found it was a cub. By law, I was required to tag the animal.


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## 308 (Jul 10, 2007)

Hunter A


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## Chris Schulz (Sep 7, 2004)

First blood takes her home.


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## buckseye (Dec 8, 2003)

First blood here too... I never finish off other peoples deer it takes away from their experience even if it means tracking it 10 miles. They deserve the chance to get the animal with their own wit and energy.


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## gunsmokex (Nov 3, 2007)

Hunters A + B need figure out stuff like this before it happens, I find it rather funny that they were within 470yds of each other hunting deer. How many acres are we talking here? Also they both are property owners next to each other, yet they don't know each other?! Very odd.

One question I have is why is hunter B shooting across hunter A's land to take the deer when the deer was part on hunter A's land and the states land? My guess is that if hunter B didn't see hunter A out there he would have taken the 2nd shot since he was hunting on the edge of his property anyways.

By all rights though it should be hunter A's choice since he killed it. Hunter B wounded and the deer would have died from septicemia and infection. Just depends on if hunter A is a head hunter or a meat hunter on whether or not he takes it.

Hopefully this won't happen next time if hunter A + B talk to each other before they go hunting next year.


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## Gildog (Jan 30, 2007)

Just to clarify the scenario:

Hunter A is hunting the family farm, which has several hundred contiguous acres of cropland that border state land. The deer have been fed well by the wheat and soybeans, sometimes up to 100 deer feeding in the fields. There are several spots to hunt on the farm depending on food sources, but several friends and family members hunt the farm.

Hunter B does not live in the area, he comes up from ??? and has 40 acres of woods for hunting, which shares a boundry with a 40 owned by Hunter A. South of this is the state land, which was logged off this summer so visibility isn't too bad. In a couple years the regrowth will make it very thick, but for now you can see all acoss it. Hunter B has stand on the corner of his place, so he can look out across A's field and into the State Land. He was looking along the edge of A's land and the state land at the buck.

To my knowledge, Hunter B has made no contact with A's family. However, A has never had a problem with B either, unlike others who have tried to sneak in and Hunt A's land without permission. So this was pretty much a first meeting of the two.

I will let you know the outcome soon!


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## dakotashooter2 (Oct 31, 2003)

In the real world the last man standing will get the deer...... and the murder trial.


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## OkieHunter (Nov 9, 2007)

It is plainly Hunter A's Buck.


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## dogdonthunt (Nov 10, 2005)

OK this one sounds like it needs to go to Manlaw court....votes on hunter A and votes on hunter B... majority rules


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## hunter121390 (Nov 7, 2006)

hunter a. he hit the deer with a killing shot. it should be his deer. if hunter b wounded it but not leathly, why should he get the deer?


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## buckseye (Dec 8, 2003)

Gentleman's Rule.... you sport hunters never learned what that is. First blood takes precedent.


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## magnum44270 (Jul 20, 2007)

the first lethal shot.. gets the deer!

the wounding shot if not a lethal shot, doesnt matter....... if it was lethal shot , the deer ran onto private property the land owner should let the hunter go in to retrieve his kill....

the guy hunting the edges of private should know to take shots that drop der on the spot.... neck shots or dead center shoulder. that way there is no chasing wounded deer onto private property.


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## njsimonson (Sep 24, 2002)

Generally, in both English and American law, the person who reduces a public item (ie: wildlife) with no definite ownership to possession gets ownership of that item. That has been the rule for almost 600 years.

Therefore, the owner of the deer is the person who can show he killed the animal and exerted possession over it (IE: tags it).

In the "hypothetical" Hunter A would most likely be the winner, at law. Lethal shot and possession facts are in his favor.


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## dosch (May 20, 2003)

Who ever has a longer johnson takes er in 2K2...were old school!


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## jdpete75 (Dec 16, 2003)

Hunter A



> but THEN you have to permission to retrieve it by the landowner you don't have permission to be on. And if denies you permission, you're SOL again and the deer goes to waste.


Not in North Dakota, Its a good idea to give the landowner the coutesy stop, and if he/she hassles you, a call to the Game and fish will get it taken care of. But permission is not absolutely necessary as long as the game was hit on land you could legally hunt.


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## yotetracker (Oct 13, 2007)

i say both guys go half on processing and share that deer as far as the rack who ever wants to pay the other guy more or hell just divvy that up too lol


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## Gildog (Jan 30, 2007)

buckseye said:


> First blood here too... I never finish off other peoples deer it takes away from their experience even if it means tracking it 10 miles. They deserve the chance to get the animal with their own wit and energy.


You would rather the animal suffer while the hunter tries to find it? Or even if the hunter loses the blood trail...or worse, never bothers to follow the blood trail? Surely the GAME deserves better than that...


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## jdpete75 (Dec 16, 2003)

http://www.jamestownsun.com/ap/index.cf ... =D8STOUFO0

No way in He11 am I going to end any suffering again, If the state is going to impose fines and loss of priveleges for doing the humane thing. I dont want to tag somebody elses wounded deer.


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## dosch (May 20, 2003)

> No way in He11 am I going to end any suffering again, If the state is going to impose fines and loss of priveleges for doing the humane thing. I dont want to tag somebody elses wounded deer.


Bull**** charge if you ask me...unless it was a g/o!!!


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## barebackjack (Sep 5, 2006)

Now wait a tick.....what one was hunter A again? And while we're at it, whos on first?


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## 308 (Jul 10, 2007)

My dad lost his first deer, because he shot it and it was a killing shot. It was with a 308. They tracked it 200 yards and came upon a old guy sitting there gutting it. He never fired a shot at the deer or nothing. The guy said he saw it drop and went over and gutted it. So he really kinda stole his deer. It would have been allright if the guy even fired a shot but he didn't. :eyeroll: uke: :******: :down:


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## Gildog (Jan 30, 2007)

Here's the real life outcome of this situation.

Both hunters met at the downed buck, and took some time to admire his beauty and size--body and antlers. They checked the deer and found the original would, through the rear quarters. It took a little while longer to find where the second shot hit, but they eventually found the entrance wound in the neck. They backtracked a few yards to where the deer was first hit, and determined that the deer was on the boundary.

Hunter B said that he knew he doesn't have permission to shoot out into Hunter A's field...Hunter A said that is still the case, we can be good neighbors as long as we both respect each other's rights. Hunter A also said that if this exact thing ever happens again, and the wounded deer is standing broadside a few steps across the property line--please put the finishing shot on the deer. Hunter B said ok, but he would not be "hunting" the field. The meeting was very cordial and both hunters showed each other a lot of respect.

Hunter A gave B permission to drive out and pick up his deer.


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## Gildog (Jan 30, 2007)

if this worked, here is photo of the buck in question


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## Gildog (Jan 30, 2007)

didn't work obviously, will try again!


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## Gildog (Jan 30, 2007)

if doesn't work this time in the thread, pic is posted in photo album.









looks like it worked!

the big 9 point in question.


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## deacon (Sep 12, 2003)

Way to go, great way to handle the situation. Picture is great with the velvet bleeding!

Ok another situation, I am hunting 80 acres with my son with state land bordering the property. 2 deer are on the property about 400 yards from my son and I, I tell my son there is a deer and coming our way. A guy hunting the state land on the property line begins to shoot. Believe me I was not happy! He shoots 4 or 5 times as I get down from the stand to go ask him if he knows who owns the private property he is shooting at deer. Thank goodness I had to walk about 500 yards to get to him so I approached him in a non-threating manner.

I ask him, "do you know who's property this is?"

He say, "no"

I asked then why he was shooting at deer on the property, he says "shooting at deer over on the state property" Now I am ****** because he has lied. I let him know my son and I both watched him shoot at the deer on private property. He then says, "property is not posted" Well it lets say his lies get worst. I let it good but let him know he is a real embarrassment to all hunters. I simply hate liars.

Story goes on but do not want to bore you guys


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## bigbuck144 (Sep 9, 2007)

hey deacon tell us more or send me a pm about the situation.im up for reading.


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## blhunter3 (May 5, 2007)

I had a simalar thing happen to me duck hunting this year. we were hunting over private land and we shot a goose but didnt kill it so it glided down in another person feild. I found the goose and went and talked to the land owner about getting it and he said since it was on his land it was his. It was my friends first goose (we think he was the one shooting at it) so it would have been his frist goose. Should we have gotten that goose or not. It was winged pretty good.


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## boondocks (Jan 27, 2006)

I always hear that first blood gets the deer. I don't agree with that at all. Kill shot gets the deer IMO.


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## hunt4P&amp;Y (Sep 23, 2004)

Not going to lie I can now say I have had dreams about this topic.

I had a dream that I shot a large buck with my bow, he ran by a rifle hunter and he shot it, and took off running with it. WOW I need to ge a new hobby I now think about it while I sleep. Whats next? Scouting while I sleep?


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