Animal rights activists interfering with hunting

[Photon Guy]

Animal rights activists who believe that animals should have all the rights as humans and that animals certainly shouldn't be hunted or killed will do everything they can to stop people from hunting. I know they will bang pots and pans and otherwise make noise alerting the game and ruining any chance of a good hunt. In a case like that from what I know there is nothing you can do at the moment except to pack up and go hunt somewhere else. I do also know though that in most places it is illegal to harass lawful hunters so I would think you could definitely press charges in a case like that. I was also wondering if you could file a civil suit against them. If so than that would be the thing to do, if an animal rights activist ruined my hunt I would sue them to the max and hopefully get rich doing so.

 

[old roper]

I copy what DOW consider a felony here in Co.

Interfere with hunters. This includes distracting or frightening prey; causing prey to flee by using light or noise; chasing prey on foot or by vehicle;throwing objects;making movements;harassing hunters by use of threats or actions; erecting barriers to deny access to hunting areas and intentionally injecting yourself in the line of fire. Violators face prosecution and may have to pay victim's damages and court cost.

Down side to this, they can get lawyers and plea to lesser charges which DOW would do, save court cost. As you notice they said "may" have to pay damages.

 

[Mobuck]

"If so than that would be the thing to do, if an animal rights activist ruined my hunt I would sue them to the max and hopefully get rich doing so."

I doubt that will be the case. Animal rights folks have lots of similar minded lawyers willing to uphold the cause so don't expect to "get rich". Even a felony conviction won't faze the more radical PETA types but it will put their agenda in a poor light when the court report of their conviction comes out.
Best solution is just call the bunny cops and let them handle the problem. If a hunter confronts the criminal(s), you can be certain they will claim to have been threatened at gun point and/or worse.
I was involved with an "across the fence" confrontation with a landowner who ruined an opportunity for my handicapped Son to shoot a big buck by purposely driving along his fence honking his pickup horn. Nothing but hard feelings came of that since he stayed on his side of the fence but we were both armed and threats were flying both ways.

 

[Photon Guy]

intentionally injecting yourself in the line of fire.

And just who would be that stupid?

 

[Photon Guy]

If a hunter confronts the criminal(s), you can be certain they will claim to have been threatened at gun point and/or worse.

I wouldn't confront them directly, I would confront them through a prosecutor and through court.

 

[g.willikers]

As aggravating as that is, it sounds like the perfect opportunity for a paintball game.
But bring enough markers for both sides.

 

[Sure Shot Mc Gee]

When that occurs. Best to pack it up and leave.
Any communication on your part to those weird people in the woods or in court likely increases the plaintiffs stress factor. As far as any separate Tort pecuniary reward. In such cases the law firm of Dowe Cheatum & How usually gets the lion share on those occasions.

Honestly: You can only hope those who cause such hunters grief get their kumuppins by way of a venomous snake bite the next time their harassing some other hunter.

 

[BarryLee]

When that occurs. Best to pack it up and leave

So, wouldn’t this be considered trespassing and aren’t there laws against this. I realize that initial penalties are minor, but can’t they escalate? No, way I would leave my property to trespassers without calling the authorities.

 

[44 AMP]

intentionally injecting yourself in the line of fire.

And just who would be that stupid?

It might be surprising, but a lot of people would "be that stupid".

Most simply don't believe, deep down inside, that they could actually get shot. Which is the whole point of the exercise, anyway. The know you won't (can't) shoot them, so getting in the line of fire isn't "really" dangerous, is it?

Yes, accidents can happen, but that's the risk they take to protect the animals...

Getting between the hunter and the hunted, risking being shot is their version of landing on Omaha beach or Iwo Jima.

Many of the activists will PROUDLY wear a felony conviction as a badge of honor. Don't be giving them a "purple heart" to go along with that.

Best thing you can do is avoid confrontation directly (as noted, it is virtually a given that they will claim you threatened them with your gun), call the game warden, call the local cops (sheriff). Get on record with your complaint, BEFORE they can. Any other course of action is unwise, and possibly illegal.

Despite the temptation (and I know it's there in all of us) do not give in to the "Dark Side". Do not harm or offer harm to them or their property. This is what they are HOPING FOR, that you will do something to them that they can take to court against you. And yes, expect them to lie about it too, if they think there is even a remote chance of them being believed, over you.

They have very little to lose, and everything to gain in their worldview. Don't play into their hands.

 

[TimSr]

Down side to this, they can get lawyers and plea to lesser charges which DOW would do, save court cost. As you notice they said "may" have to pay damages.

This language pertains to criminal court.

The OP has a great suggestion, as anybody can sue for anything in a civil court. The great thing is that actual damages for most of these hunts would put them into the small claims court arenas - upper limit of $5000-$7000 in most states. you don't need a lawyer, and filing is as simple as filling out a form, and handing the clerk your $20 or $30 bucks, depending on state (which you can also include in your suit. You can consult with a lawyer in advance, but you represent yourself. This is what People's Court and Judge Judy are based on. you can file and sue in small claims, regardless of whether or not they are every charged criminally. If they are convicted in a criminal case, your civil case will be slam dunk other than the AMOUNT of the damages might be scrutinized. If they are not charged, or get off, you can still sue them. The part about paying damages in the criminal statute is that if convicted in criminal court, they can be ordered to pay restitution as part of their sentence, but it's been my experience that courts here don't much care about following up on restitution as long as they get theirs (fines and court costs).

 

[TimSr]

So, wouldn’t this be considered trespassing and aren’t there laws against this. I realize that initial penalties are minor, but can’t they escalate? No, way I would leave my property to trespassers without calling the authorities.

Absolutely, but most of these activities take place on public land.

If you are participating in a legal activity, and somebody purposely causes you damage, you can still sue them in civil court, regardless of whatever, if any criminal remedies exist. SMALL CLAIMS is the way to go.

You took your vacation day from work, you bought a license, tag, and ammo. you got a motel room, and travel, and you suffered emotionally when your dream hunt was purposely and maliciously ruined by an idiot who disagreed with your lawful activity. If you can't prove your case, you lose your $25 filing fee.

 

[Sure Shot Mc Gee]

No, way I would leave my property to trespassers without calling the authorities.

That's you're prerogative sir.

From what I've read most assuredly when you leave the disputed area those harassing dysfunctional protesters they too leave. Private land. Posted or not. You would be surprised how little control in ownership you have over such property in court. Trespassing fines are so little. No jail time. A simple plea of guilty. A 50 ($$) fine and a promise from defendant to a judge "I won't do it anymore." Instantly all's fine & dandy.
"Y'll have a nice day" are the last words you'll hear from the Judges Bench in regards to some not all trespassing situations.

 

[kilimanjaro]

These folks film themselves and will lie about any interaction. Good luck making your case against them, first you have to find out who they are, how do you propose to do that? You're just giving them a recorded video of the armed redneck accosting them in the woods and demanding identification from the peaceful mushroom hunters out enjoying Mother Gaia.

Unless you've got an LEO in your back pocket, it's a fruitless endeavor.

 

[BarryLee]

I’m a little surprised that people don’t seem to want to call the Police and report these incidents. Yes, I realize it’s a low priority and they’ll probably get minimal fines, but can’t repeated incidents result in increased fines. What about an eventual restraining order?

I called the police once about someone riding a four wheeler on my property and they responded right away. While the individual only received a warning the Police said if they return they could be arrested – they never came back.

My uncle noticed evidence of trespassers on some hunting land he owned and notified the local Sheriff. A few weeks later a Deputy called him and told him they had caught someone and warned them not to return the best we know they didn’t.

At the end of the day the authorities are supposed to assist in these situations, so why not give them the opportunity.

 

[T. O'Heir]

"...would think you could definitely press charges..." Wouldn't be you who filed the charges. It'd be the CO's or Police.
"...file a civil suit..." You'd have to prove a loss of some sort. Financial or reputation. Like Sure Shot Mc Gee says, only the lawyers win in law suits. Costs a fortune whether you win or lose with no guarantee you'll actually collect a nickel, even if you do win.

 

[buck460XVR]

Unless you've got an LEO in your back pocket, it's a fruitless endeavor.

.....most of us now have a cell phone with a good video camera in our pockets. Almost as good as having a LEO in your pocket.

I was also wondering if you could file a civil suit against them. If so than that would be the thing to do, if an animal rights activist ruined my hunt I would sue them to the max and hopefully get rich doing so.

....the law in my state.

(c) The circuit court may award damages to the plaintiff if the defendant's conduct in violation of sub. (2)(a) has adversely affected the plaintiff. The damages awarded may include punitive damages and any special damages. Special damages may include approval fees, travel costs, camping fees, costs for guides, and costs for equipment or supplies to the extent that the plaintiff did not receive the full value of any of these expenditures due to the unlawful conduct of the defendant.

**********************************************

I wouldn't confront them directly

Again, most of us have a cell phone. One only needs to stay in place and call the appropriate authorities. Without a phone, I too suggest not confronting them and just getting up and moving on. You do not want to escalate the situation.


Years ago, when the state approved off reservation spear fishing for Native Americans, folks would go to boat landings and block them to prevent those, with the right to do so, to launch their boats. They would also go out on the water and make noise in attempt to drive the fish off their shallow spawning beds. We have good experience with hunter/fisher harassment here and it is not tolerated. Kinda why we have a Constitutional Amendment that gives us the right to hunt/fish.

 

[doofus47]

photon guy

activists who believe that animals should have all the rights as humans

Just tell them that you heard that there were some homeless deer out here, and you were there to take them home with you.

I'm sure the activists will respect your basic humanitarian goodness.

 

[Photon Guy]

So, wouldn’t this be considered trespassing and aren’t there laws against this. I realize that initial penalties are minor, but can’t they escalate? No, way I would leave my property to trespassers without calling the authorities.

Sure if you're hunting on your own land and the animal rights activists come over and harass you on your own land you shouldn't leave, you should press charges for interfering with lawful hunting and for trespassing. If you're hunting on somebody else's land then you should notify the owner and let them take care of it. If you're hunting on public land that you're allowed to hunt on than you should pack up and leave as they probably would've ruined any good chances of a good hunt but you should also report them and press charges and file a suit.

 

[zincwarrior]

Animal rights activists who believe that animals should have all the rights as humans and that animals certainly shouldn't be hunted or killed will do everything they can to stop people from hunting. I know they will bang pots and pans and otherwise make noise alerting the game and ruining any chance of a good hunt. In a case like that from what I know there is nothing you can do at the moment except to pack up and go hunt somewhere else. I do also know though that in most places it is illegal to harass lawful hunters so I would think you could definitely press charges in a case like that. I was also wondering if you could file a civil suit against them. If so than that would be the thing to do, if an animal rights activist ruined my hunt I would sue them to the max and hopefully get rich doing so.

As long as they are not trespassing, hard to see how there would be a conviction that would not be obliterated by ACLU supported counsel. The First Amendment still means something in this country.

 

[Photon Guy]

Do not harm or offer harm to them or their property.

I would not harm them directly. I would harm them through court and by filing suits. After all, they're the ones that broke the law not me so the courts should be on my side.