Since it appears most didn't know spotlighting is legal, lets try another. Hunting turkeys from an elevated stand with a bow and arrow??? LEGAL OR ILLEGAL??

I want to be the new 49er!!

Actually, I'm laid up after having disc replaced in my neck, 2 bone spurs removed. 2 metal plates inserted along with 8 screws. And the surgery appears NOT to have been a success. I'm just bored.

Legal

Prayers for you recovery friend!

Dave

try this one...legal/illegal to hunt on someone elses property w/o written permission on yer person????

Think we had all we want with the first one...

Depends. Have to have all the facts. Are you with the owner?

Troy I think you must have written on your person.

my guess is illegal.

hows bout this one.

legal or illegal to kill pigs at night over bait in alabama without a hunting license with an eradication permit?

Negative Superdave. There a few exceptions.

Can be done legally.

Legal

Dang, thought I would get more argument!!!

I have never turkey hunted but might have to try it with my bow and my climber because I see them all the time when I am deer hunting that way. Probably piss off my turkey hunters when I kill more than them that way hahaha

In my opinion as a turkey hunter, you will be at a disadvantage in a tree with a bow. Also, GENERALLY speaking, where turkeys are during deer season is not going to be your best spot during turkey season.

Set the bar very high there buddy.

Better sharpen those search and cut-n-paste skills.

no, he's on vacation in England with his whole family...

He has to accompany the hunter or the hunter has to be his guest. "His guest" can mean different things. And you don't have to have written permission from the land owner...just the person in control of the land, i.e. Overseer, lessor, etc.

Legal or illegal . CORN.

you don't have to have written permission at all.....

"It is illegal to hunt, trap, capture, injure, kill or destroy any wild game on another person's land without having in possession the written permission of the land owner or person in control of such land, unless accompanied by the land owner or unless a guest of the landowner." I don't always understand rules and regs. Really don't try the ones that don't apply to me. Can you explain this one to me?

I'm trying to live up to 49'er!!

There used to be a regulation prohibiting hunting turkeys from a raised platform, but I can't seem to find it. Maybe it was repealed. It is not listed in the current regulations.

One of my favorites gets folks in the Delta all the time. 220-2-.11(a)(6). You can't hunt deer, turkey or hogs during a flood on islands less than 40 acres. There is an ax mark on a pole at the boat launch at Mount Vernon for that express purpose telling you when the flood water gets high enough to go check the high spots.

The law is simple. If you are on someones land with out permission you are trespassing. The law specifically states that unless you are the guess of the landowner you have to have written permission to hunt ( or in fact to be on the land) on you in the event you are questioned. The question is, "What constitutes being a guest?" If I say go ahead and hunt, does that make you my guest? I suspect the lawmakers meant that to be a guest, the land owner or his agent would have to be present on the property so that LEO could check with him on whether the hunter was there legally or not. The best practice is for the landowner to give a written permit stating the area the hunter could hunt, and any limits on when he could hunt, and the permit be signed dated and have contact information on it. The law still is that it is only lawful to hunt turkeys from a scaffold with a bow. This is easy to check in the Alabama Code.

I agree with you Judge. That is the way I read and understood. But the way Bham says that is not so. At least that is the way I understand his response. Maybe he will chime back in to clarify.

I guess the law is not so simple.

Isn't it up to the landowner to press charges for trespassing? Seems like if the landowner knows you're there it's a non issue.

I think its hunting without written permission is something the GW can enforce without the landowner.

wellllll , you would be hunting with out permission . trespassing is different guild lines , i believe ???

.

I knew it was in there somewhere. 9-11-245.
No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species.

It doesn't say that it's illegal to hunt turkeys from an elevated stand. It only limits it to archery equipment.

You can't hunt turkey's from an elevated platform with a gun but you can with a bow. The word except in the last sentence expressly excludes gun hunting turkey's from a platform.

Another interesting prohibition is the use of mechanical or electric turkey decoys. It raises an interesting question as to what constitutes a mechanical decoy.

Definitely, in regard to "mechanical."

Mechanical IMO means movement or rigged, designed, etc., in some way to move by some means - wind, a string, batteries, whatever.

You see a lot of decoys that would fall into the mechanical class at the NWTF convention such as the decoys with strings that raise a tail fan or make them spin. As I interpret the regulation that would be prohibited.

Do you mean the GW just picking a piece of property and checking hunters he sees and writing those without written permission and it being a good case? Don't think so.

What say you Paw Paw?

He replied you didn't have to have written permission.

OK, you're confusing me, what do you mean by the above statement?

I mean GW riding down the road and sees a truck parked by the road. Stopping, going in and finding the hunter, asking for liscense and permit, checking the shells in your gun, and walking around looking for corn. Has happened to me. They can and will do this randomly as they see fit. Its their job. I really have no problem with it.

I was following you. Don't know about other parts of the state but our GWs enforce the written permit law at the request of the landowner. They don't just stop on the side of the road and take off through the woods writing folks without written permission on them. The land owner would show up in court and say just because , (we'll say co-worker for this example), my co-worker didn't have written permission don't mean I didn't mind him hunting on my property. Judge would throw those citations out quick as they could write them. Now they may check all those other things you listed and never ask for written permission. Seen it happen.

When they came to "patrol" my property they asked if I wanted them to enforce the written permission law. That was the reason they were there. I told them unless the hunter they found was with me at that time, or was a ajoining landowner, or had written permission write them.

And that is where the "guest" part muddies the water. The land owner can say he was my guest the way it is written.

That's where our GWs know up front the landowner wants the written permission portion of the law enforced. They don't want the landowner showing up at court and getting their cases thrown out.

Here's something I heard for years and a few years ago saw it buried deep in the code/law. Don't know if it is still a law. A farmer renting land of another for farming automatically has hunting rights on said land unless otherwise retained by the landowner. I'm sure several years ago I actually saw that in writing somewhere. Is this true?

ya'll have too much stuff swirling in all directions at once....

Judge, the GWs interpretation of "guest" is vague and is very much NOT limited to being with the landowner. Since the lawmakers did not see fit to define "guest" then we cannot either. You can be a guest of a land/home owner and they not be present.

a written permit makes for easier understandings of who is supposed to be on any property, esp for the GW who may not personally know that landowner. My way of handling such instances was to take full information of anyone who may not have permission and to check with the landowner. no permission=get a warrant and ticket them.

I had two teenagers telll me they were the landowners grandsons. I was working these boys on an adjoining landowners complaint but had not talked to the man whose property I actually caught them on. I took all their information and statements and called the landowner later that day. When asked if he knew them he replied yes and the sobs wern't kin to him. LOL got the warrants and nailed em. Little more work this way but it works.

2 dogs, GWs do it all the time. Those that do have "permission" but no written permit get em thrown out by the landowner calling the judge or appearing in court. I personally have never heard of anyone being convicted of a permit charge over the objections of the landowner.

Not the way I did business but the "justify" doing it that way because the law says "written permit".....just kinds forgot that "guest" clause. I just take the info and see the landowner.

Figured if there was a question ya might check with the landowner and write him after the landowner says drop the hammer.

Right, common sense goes a long ways when dealing with the public. But they can enforce it without the landowner. As in all cases, the GW does their job, what happens after that is out of their control even if they may have some input.

Now, the original question. Is it illegal/legal to hunt on another persons land without written permission on person.
I still say it depends. The "guest" part changes things.

2dogs, me and you may interpret this differently. With 100+ GW in the state, you can bet there is different interpretations.

how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.

really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.

Heck even I knew that.

Correct me if I'm wrong....but the GW's don't need any warrant...they essentially have more power than the popo....

Game Wardens are subject to the same 4th Amendment limitations as any other law enforcement. They would need a warrant to search a home, camp, vehicle, etc. unless consent was given. Now that even extends to cell phones.

Why no warrant to go onto private property then without probable cause?

Because the Supreme Court has never expanded their interpretation of the 4th amendment to encompass all private property. How do you think ABC agents find moonshine stills or DEA agents find marijuana plants growing in the woods. They don't need to obtain search warrants unless they are attempting to search a dwelling or structure or other area protected by the 4th amendment.

My advice is, if you become a GW and want to keep the job, don't go willy nilly onto private property writing everyone you encounter that doesn't have written permission WITHOUT the consent, OK , blessing , whatever from the landowner.

I bet the 100+ plus GWs don't have 100+ interpretations of this one either, not for long anyway.

Carry on.

Wonder if the GW can come on private property without permission as long as he is out of site and out of line of the property owner.

OK, 2dogs. The original question: Is it legal/illegal to hunt on another persons property without written permission with the hunter? Not our interpretation or the GW. What is your answer on the law?

I didn't say that middle section....

this ^^^ is the answer

I personally think it just hasn't been in the right court..yet.


lots of folks think that GWs have MORE power than other LEO, this is 99% not true. An exception is the right of GWs to search any vehicle on a WMA w/o permission or probable cause, because Als legislature set it up that way.

That is because of implied consent. If you drive onto the WMA, you have consented to the search.

You must have permission, but it doesn't in all cases have to be written. That is the answer.

No law enforcement officer has to have a warrant to come onto private property.

Yep, and permission might be given after the fact. GW may check someone, ask for their permit, if they don't have one check with the landowner, then landowner says something like " I told him he could go huntin, he's my guest, no different than a guest in my house, I don't give guests in my house written permission, why should I on any of my other property?." " If I want you to enforce the written permission law I'll ask ya to."

Or he may say" that's the biggest poacher in the area, I told him I don't want him on my property, go write him up!"

It ain't that hard to understand folks. Least the way I see it it's not.

Guess it's the States property so it's their rules, so to speak.

Sorry Bham, I posted the middle part in the wrong place. Wasn't trying to put words in your mouth.

A landowner will NEVER tell a GW what law to enforce. Landowner may ask for extra attention but will NOT tell them what to enforce.

And you are correct, its just as simple as the spotlighting law.

I've never had a direct problem with a game warden, but probably 15 or so years ago we had one that would walk into a food plot just to check the hunter late in the afternoon. Legal for him to do so, but there wasn't anything illegal going on. I remember one day a guy carried his 12 or so year old son into a stand where he had glimpsed a nice buck in the plot. He wanted his son to shoot a deer. The game warden walked in about 4:45, got them out of the stand and walked all over the plot, nothing illegal going on. The club president called Montgomery a couple of times and that problem stopped.

Can you shoot a trespasser if it is night time and you have him in a Q Beam on your private property and you realize he is one of Barry's Mexican Mayan runt illegal immigrants. What if you thought it was a Nutria?

Tell , ask, serves the same purpose in the end. So you don't think the lanowner has any say in the enforcement of the written permission law on HIS property? BULL!

Wingspan in a vehicle? No right to privacy on your private property when surveilled by FLIR? By Helicopter?

Ancient lights doctrine?

How high in the sky do my rights extend above my private property?

(Edited to add... Without a warrant Not pursuant to a lawfully executed search warrant. I'm referring solely to private law abiding landowners. )

Yea, sometimes you get those GWs. I witnessed a GW, drunk, night hunting, out of the GW truck.

centralala, please read Troy's post ^^^^^. You ain't listening!

I take it you are not a landowner. I am, and when I contacted the GWs many years ago to "patrol" my property and enforce the written permit law I don't recall if I said " I want ya'll to enforce the written permit law". Or " would you enforce the written permit law on my property?" What ever I said it worked.

However, before that if had they came onto the property and wrote someone I gave oral permission to, in other words my guest, for not having it in writing I would have had it thrown out before the ink dried.

And that part about giving a landowner extra attention or what ever, don't think they want to treat any landowner differently than another. I know some that had permission to hunt a large tract and were giving it extra attention, got them in hard trouble.

Getting bored with this , I'm going shopping for a skate board so I can shine from the road onto my animal lovin' neighbors property.

I will put $1000 up right now I own more acerage than you. Will you accept that wager? I don't like to mention that because of people bugging me about hunting. You need to reread Troys post. He said it was how he did business. Not that it was the law or required of him. And landowners do ask for and get special attention if they have a problem.

OK , high roller, you win!
BTW, if you don't OWN North of 1000 acres better keep yer $ in yer pocket.

Shooters, that you?

I feel a shooters moment coming on

Beat me to it

I'm confident!!

was that in Dallas County quite some time ago? I remember the incident... the game warden that took his place was law and order guy.

Not Dallas. I'm not afraid to say his name is James Brooks.

Well since no one has asked can I come down and shoot some does

game wardens have no right on private property unless you give them permission. You give them permission when you buy a hunting license. On your own property(not leased) he does not have a right on it unless he has probable cause the same as your house, he cannot just go into your home without cause. On your private property the rules state you do not need a license to hunt it therefore you are not giving him the right to search. Check out your 4th Amendment.
You want to know how they are given the authority to search you. You give them the right when you purchase a license and sign it, that's why the license is only valid if your sign it. When you buy a license and sign it you agree to abide buy all the rules and give away your right to searches.

I agree with 2Dogs on this one. Common sense and respect go along ways with the law.

You are so wrong. No police officer needs probable cause to come onto property. They need probable cause to search a home, car, building, lean to or any other structure. But not to walk around property. The 4th amendment doesn't cover named land.

you just made up this horseshit after drinking too many beers, didn't you???? This is almost, maybe, the biggest load of unmitigated horseshit I've seen in a looooong time.....

No, It could be a racist white trash looking for their coon dog!

If it were only that simple.. me and the white trash including the racists get along fine. Its the immigrants, black thugs into drugs and trailer trash meth heads I have to deal with... every year its different. Last year had only one incident, I already have reports one meth mouth got dropped off on the black top and went into one of my pine plantations to Turkey Hunt!! This was in JUNE...

I set up some duke traps and cameras.... Havent checked the cameras yet. Also put serious no tresspass warning signs along the blacktop... Let's hope a gator didnt steal my catch!

I've been lucky all the GW's I've met have been good folks