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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506817
01/18/13 05:11 PM
01/18/13 05:11 PM
Joined: Jan 2013
Posts: 43
SW Alabama
C
CB1 Offline
spike
CB1  Offline
spike
C
Joined: Jan 2013
Posts: 43
SW Alabama
Millry,Al 2011 A case came up where a owner of a Briar Creek Lodge (Larry Adams) was charged with shooting a deer dog on his property. The court found him quilty and it cost him around $2700 for killing the dog.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506821
01/18/13 05:14 PM
01/18/13 05:14 PM
Joined: Nov 2011
Posts: 759
southwest alabama
aldoghunter Offline
4 point
aldoghunter  Offline
4 point
Joined: Nov 2011
Posts: 759
southwest alabama
Bamachem, I don't want to get into any pissing match with you,I have come to respect you and your intelligence on a lot of matters that have been discussed on here.And yes I know a lot of doghunters are their on worst enemy,but I do know that there have been people convicted of killing hunting dogs in Alabama,I am not good at searching case law and all that stuff.One that comes to mind I think was in Lee county back in 2001 when a man shot a mans coon dog,he was convicted.So I think you might be wrong on this one.Check it out since you seem to be so good at that kind of thing.


Be safe & have fun
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: aldoghunter] #506823
01/18/13 05:15 PM
01/18/13 05:15 PM
Joined: Nov 2011
Posts: 759
southwest alabama
aldoghunter Offline
4 point
aldoghunter  Offline
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Joined: Nov 2011
Posts: 759
southwest alabama
Yea cb1 you are correct I forgot about that case


Be safe & have fun
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506827
01/18/13 05:18 PM
01/18/13 05:18 PM
Joined: Dec 2001
Posts: 15,142
Fairhope
B
bamachem Offline OP
Old Mossy Horns
bamachem  Offline OP
Old Mossy Horns
B
Joined: Dec 2001
Posts: 15,142
Fairhope
Guys, you can't just shoot a dog because its on your property. If it is actively chasing a deer in a threatening manner, you are within your rights to shoot it then, and only when it is threatening. You cannot shoot it after it quits threatening (chasing)! If you shoot it after the chase has subsided and you admit to doing so, then you can be prosecuted under the statutes pertaining to cruelty to animals. You also have to intend to inflict pain or injury. If you shoot, and the law shows up, exercise your rights and don't say a thing.

Spout off about how you called it up and then shot it or how it got what it deserved and you can expect trouble!

Last edited by bamachem; 01/18/13 05:24 PM.

MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: BOFF] #506829
01/18/13 05:22 PM
01/18/13 05:22 PM
Joined: Dec 2009
Posts: 3,494
Jefferson
F
Fun4all Offline
10 point
Fun4all  Offline
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F
Joined: Dec 2009
Posts: 3,494
Jefferson
Originally Posted By: BOFF
I believe for what it is worth, the time it takes for me to try to catch dogs running on my property; chase after them; stop them, and then most of the time the dogs run away from me rather than coming to me, (imagine that); holding the dogs while trying to call the law; waiting on the law to get there while holding dogs or transporting the smelly mutts to my house to meet the law; contacting dog owners IF the name tags are even on the collars, and then only having the owners prosecuted for $50.00 is not worth my spare time, let alone the time I would have gotten paid, if I was at work.

It just at times just doesn't seem worth the effort, to try to catch the dogs and only have the owners fined such a measly amount. But I still do it when I'm feeling frisky. Now if the owners had to pay for my lost time in chasing after and rounding the dogs up, and a hefty fine on top of that, I'd be a full time dog chaser.



God Bless,
David B.


You can always start bombarding the offending dog owner with invoices for your time, expenses and prorata share of the lease costs for time you are not able to hunt because you are chasing HIS dogs down on your property. Bill every month including interest on non-payment, then after the third month start threatening to take him to civil court for non-payment of services rendered. He is obviously requiring your services to retrieve his dogs for him and therefore should pay you for those services and expenses. Otherwise, he would make sure his dogs did not trespass on your property. It is HIS RESPONBSIBILITY to keep his animals under control at ALL times. The fine from the courts are only a punishment, your time, effort and costs are SERVICES he obviously choses to use. If he fails to pay start putting liens on his properties for failure to pay. The first LIEN notice will get his attention. Of course, you can always catch the dogs and take them to the local shelter, then he will have to pay to get them back. Again it is his responsibility to keep his animals under control.


"After all, it is not the killing that brings satisfaction; it is the contest of skill and cunning. The true hunter counts his achievement in proportion to the effort involved and the fairness of the sport." Dr. Saxton Pope
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: aldoghunter] #506833
01/18/13 05:30 PM
01/18/13 05:30 PM
Joined: Feb 2008
Posts: 3,257
N. Alabama
Reyn Offline
10 point
Reyn  Offline
10 point
Joined: Feb 2008
Posts: 3,257
N. Alabama
Originally Posted By: aldoghunter
Bamachem, I don't want to get into any pissing match with you,I have come to respect you and your intelligence on a lot of matters that have been discussed on here.And yes I know a lot of doghunters are their on worst enemy,but I do know that there have been people convicted of killing hunting dogs in Alabama,I am not good at searching case law and all that stuff.One that comes to mind I think was in Lee county back in 2001 when a man shot a mans coon dog,he was convicted.So I think you might be wrong on this one.Check it out since you seem to be so good at that kind of thing.


Each case is gonna be different. It is gonna be based on statements (if any) made by the alleged offender and the totality of the circumstances. One can shoot a dog and be legal or illegal..it depends.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506931
01/18/13 07:57 PM
01/18/13 07:57 PM
Joined: May 2011
Posts: 20,017
PDL, Fl
T
timbercruiser Offline
Freak of Nature
timbercruiser  Offline
Freak of Nature
T
Joined: May 2011
Posts: 20,017
PDL, Fl
I don't dog hunt anymore, been over 12 years ago, but if someone is aggravated and shoots the wrong guys dog and he knows who did it the problems/aggravation is just starting. If I knew who it was that shot one of my dogs they wouldn't have any more fun hunting in that area.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507156
01/19/13 01:25 AM
01/19/13 01:25 AM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
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Hogwild Offline
Booner
Hogwild  Offline
Booner
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Joined: Nov 2004
Posts: 12,788
Thomasville, AL
This is what makes all the things Andy posted irrelevant in the case of hunting dogs:

•Definition of trespassing. Trespassing can be defined as a criminal act involving the entrance onto land or private property without consent from the owner or person leasing the land.


•Demonstration of intent. This is usually important in cases stemming from a trespass. For example, someone who unknowingly entered onto unmarked land, but left at the landowner''s request, would not likely be held accountable in court.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Hogwild] #507165
01/19/13 04:07 AM
01/19/13 04:07 AM
Joined: Mar 2003
Posts: 5,930
Pine Hill, Al
T
Todd1700 Offline
12 point
Todd1700  Offline
12 point
T
Joined: Mar 2003
Posts: 5,930
Pine Hill, Al
Quote:
a person may not let their dog run at large off of their own premisis unless the dog is accompanying the owner!

it dose not state that the dog has to by his side


And you obviously need to go look up the definition of the word accompany.


Definition of accompany (v)

ac·com·pa·ny

1.escort somebody: to go with somebody
2.be present with something: to be enclosed, attached, or present with something


If the dog owner is on his land and his dog is 1/2 a mile away on my land then how in the hell is that accompanying said animal? And if he did accompany it onto my land then he would be tresspassing. So either way the dog owner would be violating one law or another.

Last edited by Todd1700; 01/19/13 04:13 AM.

The best index to a person’s character is (a) how he treats people who can’t do him any good, and (b) how he treats people who can’t fight back.
- Abigail van Buren
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Todd1700] #507168
01/19/13 04:32 AM
01/19/13 04:32 AM
Joined: Mar 2003
Posts: 5,930
Pine Hill, Al
T
Todd1700 Offline
12 point
Todd1700  Offline
12 point
T
Joined: Mar 2003
Posts: 5,930
Pine Hill, Al
Quote:
No regard for anyone or anything else. When are you guys going to realize you are the aggressors in this situation? Nobody is bothering you or your way of hunting but the same cant be said about you. You guys are your own worst enemy and you are in the minority. Soon it will be shut down and you can look in the mirror for someone to blame.


Absolutely spot on. This attitude of "If my dogs cross onto your land tough s###, there ain't nothing you can do about cause the dog doesn't know any better; along with the threats of violence if anyone harms their dog is going to be the final death blow to hunting deer with dogs in Alabama. When ever it comes to a vote to limit or ban dog hunting down the road all the stand and still hunt landowners you have hiked your leg and pissed on over the years are gonna turn their backs on you. Then you can take your pack of hounds out in the yard and have them retrieve tennis balls for you. Cause that's all in the hell they will be good for in the future. And as BC said, you will have no one to blame but yourselves.


The best index to a person’s character is (a) how he treats people who can’t do him any good, and (b) how he treats people who can’t fight back.
- Abigail van Buren
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Todd1700] #507174
01/19/13 05:23 AM
01/19/13 05:23 AM
Joined: May 2012
Posts: 8,670
NW Alabama
R
R_H_Clark Offline
Leupold Pro Staff
R_H_Clark  Offline
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R
Joined: May 2012
Posts: 8,670
NW Alabama
Originally Posted By: Todd1700
Quote:
No regard for anyone or anything else. When are you guys going to realize you are the aggressors in this situation? Nobody is bothering you or your way of hunting but the same cant be said about you. You guys are your own worst enemy and you are in the minority. Soon it will be shut down and you can look in the mirror for someone to blame.


Absolutely spot on. This attitude of "If my dogs cross onto your land tough s###, there ain't nothing you can do about cause the dog doesn't know any better; along with the threats of violence if anyone harms their dog is going to be the final death blow to hunting deer with dogs in Alabama. When ever it comes to a vote to limit or ban dog hunting down the road all the stand and still hunt landowners you have hiked your leg and pissed on over the years are gonna turn their backs on you. Then you can take your pack of hounds out in the yard and have them retrieve tennis balls for you. Cause that's all in the hell they will be good for in the future. And as BC said, you will have no one to blame but yourselves.



+1
I have often caught a hunting dog and called the owner.No problem because I dog hunted at one time myself.However if it kept happening,it would be a problem.People just get fed up with it after a while and that is when problems start.The law then has to intervine to stop the problems.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507177
01/19/13 05:35 AM
01/19/13 05:35 AM
Joined: Aug 2006
Posts: 4,869
Heart of Dixie
Narrow Gap Online IMG_0051.GIF
12 point
Narrow Gap  Online IMG_0051.GIF
12 point
Joined: Aug 2006
Posts: 4,869
Heart of Dixie
Deer huntings roots lye in hunting with dogs. I personally do not like a dog ruining my still hunt but I am not going to stoop so low as to harm a mans dog. This issue is just a sign as to where deer hunting is headed. We used to have plenty of land to roam around and hunt on free of charge. Slowly but surely deer hunting has became a money thing. We have less land to roam around and hunt on so dog hunting has become the minority and the money it cost to hunt quality land has risen substainaly.


Duty, Honor, Country

Robert E. Lee
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507183
01/19/13 06:50 AM
01/19/13 06:50 AM
Joined: Jan 2011
Posts: 12,018
chilton co.
trox28 Offline
on probation
trox28  Offline
on probation
Joined: Jan 2011
Posts: 12,018
chilton co.
DOG HUNTERS RULE!!!!!!!!!!

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: trox28] #507220
01/19/13 08:22 AM
01/19/13 08:22 AM
Joined: Nov 2009
Posts: 10,979
wedowee
daniel white Offline
Booner
daniel white  Offline
Booner
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Posts: 10,979
wedowee
Originally Posted By: trox28
DOG HUNTERS RULE!!!!!!!!!!


thumbup laugh


"You do and it will be the biggest mistake you ever made, you Texas brush popper" John Wayne
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: trox28] #507226
01/19/13 08:30 AM
01/19/13 08:30 AM
Joined: Dec 2009
Posts: 3,494
Jefferson
F
Fun4all Offline
10 point
Fun4all  Offline
10 point
F
Joined: Dec 2009
Posts: 3,494
Jefferson
Originally Posted By: trox28
DOG HUNTERS RULE!!!!!!!!!!


AS LONG AS THEY KEEP THEIR DOGS ON THEIR OWN PROPERTY!!!!!!!!!!!!


"After all, it is not the killing that brings satisfaction; it is the contest of skill and cunning. The true hunter counts his achievement in proportion to the effort involved and the fairness of the sport." Dr. Saxton Pope
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507234
01/19/13 08:45 AM
01/19/13 08:45 AM
Joined: Dec 2007
Posts: 599
Daphne AL
B
Baybuzzard Offline
4 point
Baybuzzard  Offline
4 point
B
Joined: Dec 2007
Posts: 599
Daphne AL

All I got to say about this is...


I would hate to be a CAB member this year. With this stuff and the February thingy coming up. smirk

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Hogwild] #507253
01/19/13 09:18 AM
01/19/13 09:18 AM
Joined: Dec 2001
Posts: 15,142
Fairhope
B
bamachem Offline OP
Old Mossy Horns
bamachem  Offline OP
Old Mossy Horns
B
Joined: Dec 2001
Posts: 15,142
Fairhope
Originally Posted By: Hogwild
This is what makes all the things Andy posted irrelevant in the case of hunting dogs:

•Definition of trespassing. Trespassing can be defined as a criminal act involving the entrance onto land or private property without consent from the owner or person leasing the land.


•Demonstration of intent. This is usually important in cases stemming from a trespass. For example, someone who unknowingly entered onto unmarked land, but left at the landowner''s request, would not likely be held accountable in court.


Danny, we are not discussing the statute for trespass by a person. That's a different one. Section 13A-7-1, to be exact.

This statute we are discussing is strictly and only for keeping your dogs on your own property.

Besides, you are posting definitions. I posted a law. Which one is enforceable by a court?

Last edited by bamachem; 01/19/13 09:22 AM.

MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507547
01/19/13 05:32 PM
01/19/13 05:32 PM
Joined: Mar 2010
Posts: 168
Florence
T
The Fireman Offline
3 point
The Fireman  Offline
3 point
T
Joined: Mar 2010
Posts: 168
Florence
Smartest Move I ever made was to put my gun down. Been hunting in a hollow of the side of a road. Had a fawn bedded 50 yards behind me. Started hearing a damn beagle... he tracked straight to the fawn and the chase set in. I watched.... got angered at the dog for ruining my hunt. Finally came out of my stand... and there was the dog.. within 50 yards... I had him in my scope crosshairs and just looked... finally I thought I would just try to call him up and take him away, ( knowing he doesnt belong here as there are only two houses even remotely close... and they dont own beagles) .... I tried to call him... he came close then ran off... I said F it and walked up the hill back to my truck... as I crested the hill... there stood 4 dog hunters! One of me... 4 of them... I dont think I would have won that one... but I was able to voice my opinion of their dog running on my land. BTW... the land we hunt... and for miles each direction....dog hunting isnt legal. But the excuse I was given was the dog ran off and they were just looking for it. BS. Not all... but a large number of dog hunters are no better than spot lighters... no regard for others property.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507654
01/19/13 08:38 PM
01/19/13 08:38 PM
Joined: Oct 2009
Posts: 5,921
Henry county
coldtrail Offline
12 point
coldtrail  Offline
12 point
Joined: Oct 2009
Posts: 5,921
Henry county
Is It legal to shoot a wire haired wiener dog trailing a wounded deer?


"And the days that I keep my gratitude
Higher than my expectations
Well, I have really good days" Ray Wylie Hubbard
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #507674
01/19/13 08:57 PM
01/19/13 08:57 PM
Joined: Jan 2005
Posts: 14,547
Hoover
F
Fattyfireplug Offline
Booner
Fattyfireplug  Offline
Booner
F
Joined: Jan 2005
Posts: 14,547
Hoover
My take, Frankie and Hogwild are wrong. Just my take.

Don't have anything against either of you, I just think ya'll are wrong.

Hope you have a great last two weeks of the season.


Character is not developed in moments of temptation and trial. That is when it is intended to be used.
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