Poacher/tresspasser

[Ridgewalker]

I have a feeder right behind my house that two deer, a button and a little doe, have
been coming to for sometime after their momma got hit by a car. Yesterday I heard two shots that came from the lot
next two ours but was actually almost right behind my house. It was so close it startled me so
I grabbed my orange hat and my .40 and took off to find a neighbor that is not part of our development on the
lot (the lot is owned by an absentee owner.) He came in from the other side and
though he denies it I think he was hunting my feeder, shooting at the deer on their way in.

I am trying to be nice but this AM the little button is missing and while I can't prove
it I think the neighbor likely shot him. I stayed out yesterday looking for the deer with him
and we never found it. He swears it was a good size buck but he couldn't show me for sure where the
deer was standing when it was hit and we never saw any blood/tracks near where it told me it should have been standing.

I am royally pissed at this trespassing neighbor who has made is clear that he doesn't respect property lines.
However I am at a loss at what to do about it. The guy is in is late 20's early 30's and seems a little twitchy
to me if you catch my drift. He won't cross my line (it's well flagged) but until I can buy the lot next to me
I don't know how to keep him on his on place. Any ideas? My Irish kicked in and I am ready to kick arse
but having spent a night in jail I don't really want to go back. Shooting him doesn't seem like a positive
action either.

The feeder is coming down this afternoon. I never thought someone would use it to hunt over like this.
It's literally 20 yards from my office window.

 

[Bob77064]

Sorry to hear that.

 

[TripleR]

I am at a loss; checking statutes, absent evidence I see nothing you can do.

Missouri – General Assembly - Test

 

[JerryK]

You don't mention the size of the ' lots ' you are talking about, but here in Michigan, it is illegal to shoot withing 400 feet of a dwelling. [ unless it is target shooting by a neighbor ] I feel for ya, but untill you buy the property, there is not much you can do about it. Even if you owned 160 acres, he could still sit on the trail leading into your property... Good luck, Jerry..

 

[TripleR]

You don't mention the size of the ' lots ' you are talking about, but here in Michigan, it is illegal to shoot withing 400 feet of a dwelling. [ unless it is target shooting by a neighbor ] I feel for ya, but untill you buy the property, there is not much you can do about it. Even if you owned 160 acres, he could still sit on the trail leading into your property... Good luck, Jerry..

I thought we had something similar in Missouri, but in checking Missouri Revised Statutes Chapter 571 Weapons Offenses Section 571.030, I didn't see it.

 

[brin]

I am stunned at some of the laws in other states....such as being free to hunt on anyone's property unless it is posted...How crazy is that ?

In Georgia it is illegal to hunt from a road or highway or within 400 feet of a highway or residence....It is also illegal and dangerous to hunt on property other than your own without permission...posted or not...Even if the property is not posted ...if you enter upon that property without the owner's permission, then you are trespassing....

I just can't understand why anyone would want to buy and own property in a state that just allows folks to walk or hunt all over your property....Sounds like it is common property and the supposed owner is the one stuck with paying for it....but really has no control over it...Amazing.

 

[aczlan]

I thought we had something similar in Missouri, but in checking Missouri Revised Statutes Chapter 571 Weapons Offenses Section 571.030, I didn't see it.

Looks like there are soem town/city rules, but no state rule. An example:

13. It shall be unlawful to fire or discharge any firearm or archery device within four hundred fifty (450) feet of any dwelling, house, apartment building, church, school, playground, recreational area or any building not owned by the person discharging the firearm, unless the person has written permission of the owner, except to fire or discharge an archery device at a fixed target (for target practice purposes) located at least two hundred (200) feet from any dwelling, house, apartment building, church, school, playground, recreational area or any building not owned by the person discharging the archery device.
14. It shall be unlawful to fire or discharge at any time, any firearm or archery device on any parcel of land containing less than three (3) acres, except to fire or discharge an archery device at a fixed target (for target practice purposes) located at least two hundred (200) feet from any dwelling, house, apartment building, church, school, playground, recreational area or any building not owned by the person discharging the archery device.

Aaron Z

 

[jinman]

Don, if you suspect the neighbor of taking undersize bucks, then why not contact your game warden? The trespassing issue is probably something beyond your control, but the game warden can check his hunting license credentials and see if he has used his tag. After all, you were told by the neighbor that he was hunting and had shot a buck. If the button/spike is missing, that sure seems suspicious.

I'm considering doing the same thing with one of my neighbors. I don't think he even has a hunting license, but he takes deer and turkey on his own property. Of course, since our tracts are 10-11 acres, the same game roams all this area. I'm not sure, but I think the presence of a tree stand on your property requires a license or certainly raises the suspicion that you are hunting. I don't think game wardens need much provocation to do an inspection, but this time of year during deer season, they are probably more than busy.

 

[Ridgewalker]

Some additional info, my lot is 4 acres, the absentee neighboring lot is 2. Mine is narrow (250' +-)and long
the two is narrow and half the length.

I am reaching out to my subdivision association to see if I can get them to flag the back line.
Once that is well marked I think we can enforce it. If nothing else once I know the line I will walk
it and whizz over everything and generally ruin it for hunting.

To add to the mess the guy that owns 6 acres below the two and butting up to the lower side of my 4 is
also an absentee owner. He lives in the country of Columbia only coming to the states twice a year
for a week or so. I have only been here a little over a year and just met him this fall. He asked me to
keep an eye on his place and gave me hiking rights.
He made it clear that the neighbor in question shouldn't be on his land either but what can he do.
He place was broken into last fall and he is worried that someone would torch his place if they got
upset with him over property lines/trespass issues.

I'm thinking about seeing if he would lease bow-hunting rights to his place. I have a few friends that bowhunt
and if they paid to hunt they would for sure manage any trespassers.

 

[Ridgewalker]

Jim,
It's not illegal to shoot a button or a spike up to 4" in Missouri.
I'm pretty sure the law is designed to give the hunter the benefit of doubt since
a button could look like a doe.