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Projectile Trespass

5/5/21 @ 12:43 PM
ORIGINAL POST
jitterbug1962
USER SINCE 12/14/14

What is your opinion of the projectile trespass law in Texas? A neighbor to my property deer hunts a bordering small grass field with a rifle out of a ground blind. Some times when I walk down the logging road ( about 50 yards from the property line) deer will run out of the woods into his field. That 50 yard section of woods is very thick with pine and brush.  A couple of years ago we were walking out when the neighbor shot and nearly hit me and my son while we were walking the logging road. Even after I yelled out that we were in there he continued to shoot into my woods. Needless to say we had a heated discussion about knowing your target and beyond. Now, during any gun deer season I walk the edge of my property near the field to make it safer for me and the deer. As much as I hate more laws some people need to use common sense. Projectile ownership.

DISPLAYING 1 TO 10 OF 12 POSTS
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5/13/21 @ 7:21 PM
mopesrus
USER SINCE 4/8/13

Well, here in WI we already have a statute that covers this;

941.30  Recklessly endangering safety.

(1)  First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.

(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.

History: 1987 a. 399; 2001 a. 109.

Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.

Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]

A bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155, 215 N.W.2d 41 (1974).

Section 941.30 is a lesser included offense of s. 940.01, 1st-degree homicide. State v. Weeks, 165 Wis. 2d 200, 477 N.W.2d 642 (Ct. App. 1991).

A conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim's life or safety during the attack. State v. Holtz, 173 Wis. 2d 515, 496 N.W.2d 668 (Ct. App. 1992).

5/13/21 @ 3:20 PM
lakeshiner
lakeshiner
USER SINCE 7/20/09

Agreed.  A law won't stop anyone from doing it.  

5/13/21 @ 3:09 PM
river_chaser
USER SINCE 10/3/12

Those rules will serve to feed more anti gun and anti hunter frenzy.  We already have laws and litigation in place encouraging people to think before they shoot and plan out their hunt to only shoot with safety in mind. 

5/13/21 @ 10:08 AM
Rattle em up
USER SINCE 4/19/21

Texas, but I think Florida has one that is about the same.

5/13/21 @ 8:50 AM
mopesrus
USER SINCE 4/8/13

Rattle em up, What state is the statute you referenced from? I know that's not a WI law.

5/13/21 @ 8:01 AM
Rattle em up
USER SINCE 4/19/21

Seems like common sense law but I have hunted with others that shot at deer running across property lines (or from public to private) and then of course they want to go retrieve (which they legally have to attempt but can't trespass) or track the deer onto the neighbors property and wonder why the property owner gets pissed off. I only hunt out of elevated stands now and like others have said, it is much safer but I am waiting for them to come out with a drone type vehicle so I can do a fly over the property on my way to my stand.

A person commits an offense if:

(1) the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm;  and

(2) the projectile from the firearm travels across a property line.

(c) It is a defense to prosecution under this section that the person:

(1) owns the property on both sides of each property line crossed by the projectile;  or

(2) has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.

(d) The written agreement required under Subsection (c)(2) must:

(1) contain the name of the person allowed to hunt or engage in recreational shooting in a manner described by Subsection (b);

(2) identify the property on either side of the property line crossed by the projectile;  and

(3) be signed by any person who owns the property on either side of the line crossed by the projectile.

(e) An offense under this section is a Class C Parks and Wildlife Code misdemeanor.

(f) If conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, the person may be prosecuted under either section or both sections.

5/10/21 @ 9:39 PM
Fishlovme
Fishlovme
MEMBER SINCE 6/22/01

A lot of our properties in Wisconsin are so small that hunters, especially deer hunters, hunt the edges of the property.  The deer stand I have hunted out of the last two years is 75 yards from the property line and I shot my deer right on that property line last year.  I think it's ok, to some extent, but I'd be quite careful taking walks during the hunting season.  Seems like if it's not orange people get trigger happy and shoot!

5/10/21 @ 4:56 PM
river_chaser
USER SINCE 10/3/12

At the very least, knowing youre shooting towards people is grounds for Disorderly Conduct citation. Knowing youre upsetting neighbors is a grounds for Disorderly Conduct citation.  More serious charges are available but trespassing isnt one of them.

If you havent been alive long enough then know that half of Wisocninsin was once Shotgun Slugs Only for deer hunting.  With the popularity of hunting from elevated stands during the 1980s shooting accidents went way down and hunting with rifles became widely legal during the 1990s

Isnt TX made of larger plots of ownership as in 100s and 1000s of acres Where WI ownership is made up of many 40s and 80s. Trespassing projectiles law would be difficult to prove and enforce.  It would force people to think harder before they shoot which would be a good thing. And here is the thing that will make it a bad law.... skittish neighbors claiming bullets are crossing their land or coming too close when it is not really happening.  That already happens so passing a law like this could make for even more feuding neighbors.

5/10/21 @ 3:50 PM
One shot one kill
MEMBER SINCE 8/12/02

And this is why all our deer stands are elevated,  so shots angle downward. 

5/10/21 @ 10:58 AM
sheephead
USER SINCE 2/8/17

Interesting topic. Look forward to reading others opinions. I have also had the sound of a slug zip by me. Similar situation as the OP. As ownership acres are becoming smaller this maybe a law worth discussing. Unless someone gets shot I am not sure how this would be enforced. Would you need video proof? Lets hear some good thoughts.

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