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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: Frankie]
#506641
01/18/13 02:11 PM
01/18/13 02:11 PM
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Joined: Dec 2004
Posts: 25,128
Guntersville, AL
IDOT
I am Cornholio
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I am Cornholio
Joined: Dec 2004
Posts: 25,128
Guntersville, AL
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because a dog is not a human READ THE LAW! The dog isn't violating the law THE OWNER is. It's written in black and white. Read it several times till it sets in. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.
Last edited by IDOT; 01/18/13 02:15 PM.
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: Hogwild]
#506642
01/18/13 02:14 PM
01/18/13 02:14 PM
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Joined: Dec 2001
Posts: 15,142
Fairhope
bamachem
OP
Old Mossy Horns
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OP
Old Mossy Horns
Joined: Dec 2001
Posts: 15,142
Fairhope
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I can assure you that trespass laws for hunting dogs don't exist in AL.
You are providing bad info as an Administrator on a website.
Why not just call Montgomery yourself??
I guess it has not occurred to you yet the very case that spawned this tesulted in NO charges being filed against the dog owners.
First of all, I'm not an Administrator. Second, I posted a law, and asked for discussion. How is that "bad info"???
MOLON LABE
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: IDOT]
#506646
01/18/13 02:19 PM
01/18/13 02:19 PM
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Joined: Apr 2000
Posts: 15,858
Elmore County
Frankie
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 15,858
Elmore County
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because a dog is not a human READ THE LAW! The dog isn't violating the law THE OWNER is. It's written in black and white. Read it several times till it sets in. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00. i did read it many times before now , u need to read it as it is not as you see it
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: turkey247]
#506647
01/18/13 02:19 PM
01/18/13 02:19 PM
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Joined: Feb 2008
Posts: 3,249
N. Alabama
Reyn
10 point
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10 point
Joined: Feb 2008
Posts: 3,249
N. Alabama
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My question would be - Why haven't more dog hunters received a violation/ticket/criminal charge. According to this, Game Wardens have had more than enough proof to meet quota and told me there was nothing they could do. That's why I always said - a bowhunter can climb a tree 3 foot across a property line, and receive a ticket, but a dog can run a mile on your property, and it's legal - in legal counties. Which is by far the dumbest legal act of trespassing imaginable.
Because its the dog that's trespassing not the hunters. Isn't there another code that allows coon hunters even more leeway when retrieving dogs? Seems that was posted on another thread before.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: bamachem]
#506648
01/18/13 02:19 PM
01/18/13 02:19 PM
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Joined: Dec 2001
Posts: 15,142
Fairhope
bamachem
OP
Old Mossy Horns
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OP
Old Mossy Horns
Joined: Dec 2001
Posts: 15,142
Fairhope
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It says that a PERSON must keep their dog on their own premises or they are in violation of the law. The definition of trespass is to enter onto the property of another without permission.
It's quite simple, really.
MOLON LABE
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: turkey247]
#506649
01/18/13 02:21 PM
01/18/13 02:21 PM
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Joined: Feb 2008
Posts: 3,249
N. Alabama
Reyn
10 point
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10 point
Joined: Feb 2008
Posts: 3,249
N. Alabama
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I do have to agree with Hogwild on the point - why hasn't anyone ever been charged according to this? I don't think they will be until the game laws change. And they will change..for every county...eventually. What would be the charge?
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: turkey247]
#506650
01/18/13 02:22 PM
01/18/13 02:22 PM
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Joined: Dec 2001
Posts: 15,142
Fairhope
bamachem
OP
Old Mossy Horns
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OP
Old Mossy Horns
Joined: Dec 2001
Posts: 15,142
Fairhope
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I do have to agree with Hogwild on the point - why hasn't anyone ever been charged according to this? I don't think they will be until the game laws change. And they will change..for every county...eventually. Why do half the sheriffs and most municipal chief LEOs say open carry is illegal in AL? Because they don't know the laws!
MOLON LABE
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: bamachem]
#506652
01/18/13 02:24 PM
01/18/13 02:24 PM
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Joined: Apr 2000
Posts: 15,858
Elmore County
Frankie
Old Mossy Horns
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Old Mossy Horns
Joined: Apr 2000
Posts: 15,858
Elmore County
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It says that a PERSON must keep their dog on their own premises or they are in violation of the law. The definition of trespass is to enter onto the property of another without permission.
It's quite simple, really. nope thats how u are defining it . the dose not define it that way . read it u posted it , well part of it for a person u are right
Last edited by Frankie; 01/18/13 02:25 PM.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: turkey247]
#506656
01/18/13 02:29 PM
01/18/13 02:29 PM
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Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
longspur69
8 point
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8 point
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
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I do have to agree with Hogwild on the point - why hasn't anyone ever been charged according to this? I don't think they will be until the game laws change. And they will change..for every county...eventually. Because it would be a pain in the butt and isn't hunting over corn. There are plenty of crimes that aren't prosecuted, though. The same could be asked of why they didn't charge the shooters.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: longspur69]
#506657
01/18/13 02:31 PM
01/18/13 02:31 PM
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Joined: Dec 2001
Posts: 15,142
Fairhope
bamachem
OP
Old Mossy Horns
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OP
Old Mossy Horns
Joined: Dec 2001
Posts: 15,142
Fairhope
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Because it would be a pain in the butt and isn't hunting over corn. There are plenty of crimes that aren't prosecuted, though. The same could be asked of why they didn't charge the shooters. They didn't charge the shooters because the Animal Cruelty laws on the books actually provide for a person shooting a dog who is harassing another animal which MAY cause harm to that animal. It's perfectly legal.
MOLON LABE
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: bamachem]
#506662
01/18/13 02:34 PM
01/18/13 02:34 PM
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Joined: Feb 2008
Posts: 3,249
N. Alabama
Reyn
10 point
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10 point
Joined: Feb 2008
Posts: 3,249
N. Alabama
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(b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county. The way it reads,it has to be adopted by the county to be in effect. That said, 13A-11-246 appears to justify shooting one if its chasing a deer or any animal etc. if its outside owner or custodians property.
Last edited by Reyn; 01/18/13 02:37 PM.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: Hogwild]
#506664
01/18/13 02:35 PM
01/18/13 02:35 PM
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Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
longspur69
8 point
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8 point
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
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A dog can't trespass in AL.
Andy wouldn't make a pimple on 49'er's rump!!!!
Show me the Case Law and History regarding prosecution of this imaginary Law.
You can't. Because there is NONE! who said the dogs were trespassing?
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: Hogwild]
#506667
01/18/13 02:36 PM
01/18/13 02:36 PM
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Joined: Dec 2004
Posts: 25,128
Guntersville, AL
IDOT
I am Cornholio
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I am Cornholio
Joined: Dec 2004
Posts: 25,128
Guntersville, AL
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A dog can't trespass in AL. THE DOG, isn't trespassing. ( Get it ) The owner of the dog, is breaking § 3-1-5. article a and should be fined not less than $2.00 nor more than $50.00
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.
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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them
[Re: bamachem]
#506670
01/18/13 02:36 PM
01/18/13 02:36 PM
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Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
longspur69
8 point
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8 point
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
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Because it would be a pain in the butt and isn't hunting over corn. There are plenty of crimes that aren't prosecuted, though. The same could be asked of why they didn't charge the shooters. They didn't charge the shooters because the Animal Cruelty laws on the books actually provide for a person shooting a dog who is harassing another animal which MAY cause harm to that animal. It's perfectly legal. Absolutely correct. They knew that this wouldn't stick if they charged the shooters.
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