Illegal Hunters?

Parents are in Texas half the year. They left before Thanksgiving. Some hunters that used to work with my dad apparently called him, & told him they found "4" Deer stands set up on his 94 acres of mostly woods in IN. They apparently dismantled, & removed these illegaly set structures, & placed them next to the road where all could see them. Dad doesnt call the law, & instead calls me who lives 40 miles away has been working 58 - 60 hours a week since the last week of July + farming. Opinions welcomed on the following...

Should I call the law? I sort cheewed on Dad because his 12 year old home is sitting there dormant with no one within sight to stop someone from retaliation; such as damaging, or destroying the house, or barns. They have no security system, too many trees for neighbors to see the house even though some relatives are neighbors. I think this whole situation is totally stupid, & avoidable yet nothing smart is being done here. I personally beleive I should call local police. But I have a feeling Dad would have a fit if I did just that!!!
 
If the owners of the stands want to grab their stands they can and I bet they got the hint to move on. I don"t think they will bother again.

I would just drop it at that.


Gary
 
Post it legally and call the cops if it happens again. Trespassers annoy me to no end. Usually the same townies with the $55K trucks and all the other toys that think they don't need to but their own land.
 
He needs to give hunting rights to a responsible neighbor to watch over the place.If he doesn't do something a bunch of meth addicts or similar folks will move in next.
 
Around here calling the "law" for something like that is a waste. We are the country that sets murderers free don't you know?
Is the land posted?
The best way to control the situation is for the area to be occupied.
I don't hunt, but have people who hunt my property regularly. They keep it posted. Any unauthorized equipment(decoys,stands.etc) are removed and destroyed.
 
Heres the professional legal advice I would give to a client if asked that question:

Post plenty of "No Trespassing" signs all around the property,,,,,Take pictures/videos of all those signs with plenty of any available background monuments (signs/roads/houses/markers etc to identify location),,,,,,,Take and store the evidence (tree stands etc) safely away AND CALL THE DNR GAME WARDEN and seek his advice about their disposal,,,,,,,,,,Also report it to the local county prosecutor,,,,,,,,,,,Report it to the county sheriff,,,,,,, If possible and if concealed so the poachers dont steal them, put up some game cameras in locations where the poachers license plates and/or themselves might be captured.

What this is all about (even if it seems redundant to report it to DNR and Sheriff and Prosecutor) is to establish evidence and a record and paper trail.

DO NOT do anything illegal yourself, let the DNR and law handle it, you dont want to give them or their lawyers anything they can turn back on yourself. Seek local competent professionl advice and be hesitant to take advice from Billy Bob or Bubba that may make you the wrongdoer and bad guy in the eyes of the law, unfortunately in todays society, its the Criminal instead of the landowner who seems to have all the rights and protections grrrrrrrrrrr

John T Country Lawyer
 
I don't know the law in IN, but here in PA if the land is not posted it's legal to hunt on. Of course nailing a bunch of 2x4s up in a tree is illegal but a portable stand that doesn't hurt the tree is probably acceptable.
 
Down here in my part of Texas. One guy was clearing some land and burning the old trees and brush. When those illegal deer stands just happen to catch on fire.
 
(quoted from post at 06:27:18 12/01/12) I don't know the law in IN, but here in PA if the land is not posted it's legal to hunt on. Of course nailing a bunch of 2x4s up in a tree is illegal but a portable stand that doesn't hurt the tree is probably acceptable.


that is so wrong........if you dont have permission from land owner, you are trespassing!
 
In Ohio you do not need to post it, trespassing is a crime wether posted or not and hunting the hunters have to a writen signed permit to hunt.
 
So many of us agree. But somewhere along the way we lost our country. Friend who has chickens in cage houses for egg production had do-gooders go into his buildings and take pictures!!!!
"Law" told him to put up posted signs! That was a lot of help wasn't it?
 
call the game warden, but if yours is like ours, he has way too much territory to cover and very limited funds to operate on, so you need to help him out by using game cameras, ect if you can get something on the trespassers that can be used in court they will prosecute,and the fines are high, especially if they have an animal too, but usually they just dont have enough cameras available to catch people at this, here where i live hunting on a ranch without permission will land you in jail, but only if you live to get there people here tend to shoot first, leased grazing land from the blm can be posted, but its a little more of a gray area as to just how much control a rancher leasing that has over it being hunted as it is public land, even though he's paying the blm to use the land
 
Now imagine that, strange isnt it lol

If Texas leaves the Union I'm moving there if they will have me

John T
 
"""but here in PA if the land is not posted it's legal to hunt on."""

I havent researced thats states laws, but that would sure be a surprise to me if its private land youre talking about. Dont see how the State can declare it legal for one person to trespass on another private persons real estate???

John T
 
Maybe we're talking here about the difference between what's technically "legal", and what practically takes place? It's so frustrating. See my comments below about the buddy with the chicken barns. He is well connected on the county level. But effectively was told- if there's no posted signs, and the doors aren't locked, there's nothing we can do!!!!!!!!!!
Doesn't that automatically turn private property public?
 
(quoted from post at 10:05:31 12/01/12) """but here in PA if the land is not posted it's legal to hunt on."""

I havent researced thats states laws, but that would sure be a surprise to me if its private land youre talking about. Dont see how the State can declare it legal for one person to trespass on another private persons real estate???

John T

They are ambiguous about it in the game law books. They tell you your should, not that you are required to get permission. Never heard of anyone being prosecuted for trespassing on non-posted ground unless it was an add on charge. Rare for someone to be prosecuted on properly posted ground(specific rules on sign spacing, signs must be signed by LO, address, etc...)

As to tree stands, you must have "written permission" from the land owner to "occupy" a stand, not construct/install, no distinction between permanent or temporary. Good luck getting someone prosecuted for it.

The PAGC, generally has great disdain for Farmers/landowners, generally sides with the hunters as they are the source of their paychecks.
 
Just remember, those trespassers are your neighbors...and often the ones that make a lot of noise about "being good citizens" and "don't need no more laws" and "got a right to my guns".

Yes, so long as you don't ignore the laws we have....like "No trespassing"...just for a start.
 
I would definitely call the game warden. Our game warden will take the stands and discuss the issue with the hunters when they come looking for the stands.
 
As a kid we took care of Walters young stock one winter. After I got out of the USAF I asked Walter if I could hunt om his land. ABSOLUTELY NOT!
He would bale up arrows every summer and find them in front of his cows in the barn each winter.
TRESPASSER
Later it occurred to me that the solution is to let someone hunt on the property that you can trust and let them be your ears and eyes.
So if you have problems with trespassers, you need to try a new aproach
SDE
 
Being a land owner and farmer for yearsssssssss, I share the frustration. As an attorney, althought I havent researched PA state laws, I find it hard to believe the state can (constitutionally) pass a law allowing one person the right to trespass on private land of another (Signs or NO Signs).

County mounties are hesitant to take any action in certain types of situations, they want the land owner to seek help from the prosecutor (or DNR) and then have a court issue an Order to do such and such BEFORE they do anything

Youre right about theoretical versus practical, Im talking strictly legal when I dont see how the state can allow trespass REGARDLESS if theres one sign or 1000 or NONE at all ITS STILL TRESPASS, GRRRRRRRRRRRRRRRRRRR

John T
 
Agree with those as to finding someone responsible to hunt (occupy) your father's land. The fellow that hunts ours though he works full time has ample opportunity to be out during the afternoons and weekends and that has really cut down on the trespassing. Life is not perfect as we still have a problem but word has gotten back from the local drinking establishment that these same trespassers are very frustrated that they can not jump off their area so readily as they did before. The sheriff here will do nothing with out posted signs but at least they do not need to be every fifty feet apart in the back.
 
The question about trespassing in Pa has been answered many times on this website. There are several current and retired WCOs that frequent the site. Buying a hunting license does not give you the right to trespass whether it's posted or not.

http://www.huntingpa.com
 
(quoted from post at 08:25:43 12/01/12) Post it legally and call the cops if it happens again. Trespassers annoy me to no end. Usually the same townies with the $55K trucks and all the other toys that think they don't need to but their own land.

Pretty much this. The same people who would yell at a kid for taking a shortcut through their grass lot in town somehow think its okay to put up a deer stand and take a shotgun to someone elses' property to shoot animals for themselves. Without asking.

Try and follow the logic in THAT!
 
John T
I found it hard to believe myself so I googled it.
Seems Pa has a law where all land must be posted. Unposted land is open.

La use to have such a law for country land. It had to be posted or have a fence around it with at least 3 strands of wire.
City land was posted without signs threw fences and defined boundries that should be know by all.

In 2003 the law was changed to where you must have written premission on your person to hunt or otherwise be on others private land.

Some would say the law went to far because I can force some people to leave my property that really should have access. Some of these include land surveyors and utility workers.

If you lived next to me and called a surveyor to mark the line between our property I can ask said surveyor to leave or not set foot on my property. He may need access to find a bench mark or such but that does not matter. Your only recource would be to take it to court and have a judge order me to allow the surveyor to enter.
Same thing if your utility lines cross my property and needed work on them.
 
18 Pa.C.S. § 3503: Criminal trespass
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
(ii) breaks into any building or occupied structure or separately secured or occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the third degree, and an offense under subparagraph (1)(ii) is a felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed to exclude intruders;
(iv) notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
(v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
(2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
(i) threatening or terrorizing the owner or occupant of the premises;
(ii) starting or causing to be started any fire upon the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
(ii) enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.
(2) An offense under this subsection shall be graded as follows:
(i) An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), [FN1] known as the Agricultural Area Security Law, or any area zoned for agricultural use.
(c) Defenses.--It is a defense to prosecution under this section that:
(1) a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
(2) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.
(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.
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Pa.C.S. 18, II, C, 35: Burglary and Other Criminal Intrusion
18 Pa.C.S. § 3501: Definitions
18 Pa.C.S. § 3502: Burglary
18 Pa.C.S. § 3503: Criminal trespass
18 Pa.C.S. § 3504: Railroad protection, railroad vandalism and interference with transportation facilities
 
Here it makes a difference if its the States official County Surveyor who is finding, re establishing and memorializing Section Corners versus a private surveyor who has less rights

John T Country Lawyer
 
(quoted from post at 06:33:51 12/01/12)
(quoted from post at 06:27:18 12/01/12) I don't know the law in IN, but here in PA if the land is not posted it's legal to hunt on. Of course nailing a bunch of 2x4s up in a tree is illegal but a portable stand that doesn't hurt the tree is probably acceptable.


that is so wrong........if you dont have permission from land owner, you are trespassing!

That's correct. In PA you are NOT required to post your property, and you CAN have trespassers arrested for hunting. This is posted in the game manual with your hunting license almost every year.

Unfortunately the game wardens will no longer respond to trespass complaints and we need to call the state police here.
 
I have been told by several people in ND that if land is not posted (corners only need to have signs) it's open. People there are upset because many of the older guys who never posted have sold out or passed on and the kids/new owners are posting. They have found out they can make a good deal of money leasing hunting rights.

Here in MN something with a pasture fence and livestock, plus tilled farm land/hay ground does not need to be posted but lands not used for AG are open unless posted. Course most people who tresspass don't care and tresspass anyway.

Rick
 
We had a deer hunter shot in the leg by a former cop that wasn't given permission to hunt. They charged the former cop and released him on a $75000.00 bond. He later became a registered nurse. They took the hunter to a hospital in York PA. Hal
 
You are too far away to really be any help. I would stay out of it. If you call the law and then are not around to watch things then you could just cause your Dad to have his house destroyed.

Here I have all my ground posted "NO HUNTING". and have a few each year that must not be able to read. So I usually go hunting hunters when deer season comes in. I always call the law and always press charges. I have reputation as being an a$$hole to hunters. That is what I want. They have generally been a$$holes to me and my property. I hand cuff them and walk them to the nearest road and wait for the law. It is amazing how their weapons have accidents during that walk. Most of them don't work by the time the law gets there. They are going to loss them anyway here. Your weapons are forfeit if you are trespassing here. You can also loss your truck or car too if your on state ground out of season.
 
daryl
i have lived most of my life in pa moved 7 yrs ago. i met a fellow at a small gun range in chester co 20 yrs ago that told me this story.
it seems he used to do a little hunting on a piece of property uninvited during archery season he did admit that what he was doing was wrong and admitted it to me.
he was parked along the side of the road and was into the property several hundred feet dressed in camo -w- bow, he had heard someone approaching 2 men both -w- SHOTGUNS and were looking for trepassers he froze didn't move and they walked by him and did not spot him they walked back to the road to leave and this fellow waits some time to hear them start their vehicle and leave he takes his time to walk out cautiously and he discovers they flattened all 4 of his tires!!!
now i don't advocate going that far but this fellow did say he wasn't going back there again i do believe he was scared. al
 
You said "I hand cuff them and walk them to the nearest road and wait for the law. It is amazing how their weapons have accidents during that walk."

You lead a rich fantasy life. I just hope no else acts out your fantasy...a quick path to real trouble.
 
Your concern about retaliation certainly has merit, depends on how rotten the people are that trespassing. The problem is as you suggest, its not possible to patrol or keep an eye on the place. Larger tracts of land are even more difficult to watch over.

I think the first thing is to figure out how to maintain a presence around the place, if can be done, it helps deter these kinds of people.


Law enforcement and other presiding authorities, and the laws in your state should be researched.

Where I am, I have little faith in law enforcement, and I am very familiar with the laws just the same, they just do not want to deal with it, as matter of a fact, the last time I spoke with one on the phone, he gave me a hard time, tried to turn my words, what I described to him around, I wanted to say "listen here you young disrespectful punk.... " instead, I re-stated what I said, and clearly told him that 30+ ATV's broke my fence line and are 1000 yds into densely posted land as well as illegally operating ATVS on my land and the state road to connect with the power lines again, clearly in violation of V&T 2403, 3, 3A. NYSP patrolman, nice young man stopped at the house, I explained the situation and said I'd like to make you aware of this large group, violating the V&T law on private land and the state road, was also some very young little kids on small atv's. He was nice enough to acknowledge, but thats as far as they'll go. Now if you positively ID one, you'll get, "do you really want to pursue the violation" as if its trouble for them to do.

Make a citizens arrest, you'll end up in court, though the laws(NY)allow for it, more so on someone trying to escape a felony crime in your presence, you nail the person red handed on your land and you end up in court, as its obvious they do not like being one upped or having a civilian vigilante taking action, the latter I can understand and some of the other things to, so its not about bashing the police so much as its still a problem for a landowner to resolve or find relief from in this area or state.

In my situation here, the fence goes back up, signs maintained, if they persist, steel angle iron tire spikes go out. If that causes them to escalate, its time to refer to the laws and see where you can do the same thing they are doing, exploitation of weak, or under enforced laws.

I live here, I can react timely when home, I can sit and wait when times are good for them to show up, usually saturdays mid-day, when nice out, spring time etc. I do not see anything prohibiting me from popping out with an intimidating weapon on me (brandishing is described in the law- have to be careful there) masked and exhibiting a hell bent for leather attitude to intimidate whomever it is.

I had a jerk come through the other night, I jumped out of my stand, got within 50 yards could not cut him off as I should have moved a little sooner, but I lit him up with a powerful LED light, a total surprise, I said nothing, red dot laser would have been even better, if people think you are not playing with a full deck, and it does take a little effort with some bizarre behavior, it tends to work. Every situation is different. I am fortunate that rarely do things escalate, but there are a couple of real nuisance guys out there, this fellow, I have seen before, I absolutely will not tolerate these clowns in the dark on my place. I do have tire spikes out on the property line where a fence needs to be finished, signs posted, you come in, its your problem and I'll want you and your atv removed immediately, have yet to make that call and hope I do not have to.


I had a friend chased out of a 300 acre tract not far from here, locals further out in the woods "trash" are some spiteful jerks. He posted it, patrolled it, caught poachers whom were prosecuted, NYSP involved also rumored to want to hunt it too, (heresay, but I did have a conversation with them about the situation just by chance, I liked that crew, they were open and honest with you, as long as you were respectful, just common sense to be that way).

Well the retaliation was they burned a barn down, death threats, was a real hot bed, Fox News showed up, another good friend in the trio of us one evening, took a nice 8pt, we were field dressing it, here comes an unmarked white van creeping up a long driveway, I immediately took cover and set up, one wrong move, they would have never known what hit them. News crew thankfully, and I am like, who in their right mind needs this aggravation, and high concern for anyone approaching. He sat in unbeknownst to the idiots talking about "him" in the local country store, they don't like that guy who bought it so and so's place, we ought to do this and or that to him. He was an accomplished black belt, airborne ranger, and avid outdoorsman, the short of it, his life long dream was interrupted, he moved to Alabama, eventually because of this, likely persuaded by his wife and concern for his kid. Now we rarely if ever see them. Locals over ran him, and he would pop out in camo, out of nowhere and scare the stupidity out of them at times, but eventually it was too much. You have to pay the taxes, the mortgage, you have every right to the place, but the locals say, we were hunting here for years...... you ain't gonna run us off....


The lesson I learned was to have a smaller, more controllable and easier to look after place, and thats what it is like here. I worked away for years, same long hours and it took me a good long while to take back what is ours, make a presence known and deter these people, as of now its tolerable, with some trespass at times, usually just ATVs, but I did have one person and their friend sit in our stands, played dumb, did not see the signs, but he forgets what he said to me when he was drunk one evening, as I went to pick up an to-go order at our great Italian place, there he was flappin his jaw, yeah I saw your place, all posted, people will try and play you, even ones you know, I worked with him back in high school, not a bad sort, had permission on the neighbors land cause he drinks there too, buddies, good guy, atty, very respectable, seems once he was on his place, it was ok to go over the line and use our stands.

A little long winded, take some time, do a little research and see what you can to get a presence seen on that place and see what else you may be able to do, being that far away is a pain in the neck, we have another place 30 miles from here with livestock, was a royal pain to look after, or deal with problems, I know the routine well, not worth the time, but sometimes things need to be done, or like you said, might come back to a smoldering pile of ash, people are so damned spiteful over crap like this.
 
American I maybe older now but I still can get the drop on just about any regular old "deer hunter". My training from good old Uncle Sam is still fresh in my memory. The land that I have lived on for almost all of my adult life is real simple compared to the jungles of Vietnam. Plus the VC where a much tougher "hunt" than the mostly city deer hunters.

Two guys found out today that they should not have been hunting on my ground. They will get to be guests in the county jail until court Monday.

Also a trespasser that is armed can be subdued by the property owner if the owner feels threatened. Well lets see they are carrying a load weapon on my property??? I guess that is why the county prosecutor has never had any issue with me making sure they are not going to harm me or the law officers that come and get them.

These two idiots make it fourteen of them in seven years. Everyone of the first twelve where convicted.
 
Two years ago I found a portable tree stand in a tree behind my house. I removed it and took out most of the screw in climbing spikes. The next day I checked and the climbers I had left were gone. I still have the stand in the garage. No one came to claim it.

This fall I had 3 guys walking through a field behind my house. When I asked what they were doing they told me they had shot a buck with a crossbow and had tracked it onto my property.

I let them look for it but I did not have too.
Permission has to be obtained from the property owner to enter on the property when tracking wounded game.

As far as hunting, ALL PROPERTY is considered private in PA and permission must be obtained from the property owner or caretaker, unless it is state game lands.
 
I have problems from time to time when I'll find treestands on my 1300 acres and can never catch the trespassers, I take the stands down and sell them. Several years ago during hunting season I found some of my trees had been cut down and found shelled corn scattered on the ground everywhere, ------ me off. Corn is considered baiting here in Alabama and is against the law to hunt over. Called the Game Warden and showed him and he said they maybe hard to catch but he asked me to call him anytime that I thought the culprits might be on my place. That same evening I drove down a county dirt road on the south end of my property and saw a vehicle hidden off the road, called the Warden immediatley. GW called me back that night about 9:00 from the County Jail, he found the thugs on my place and called for backup, think he arrested 5 people, they were all from Florida, had no license, and had dope on them too. I recieved threats shortly after that, called the Sheriff and told him about the threats and that I was worried about my house, property, and vehicles being destroyed by these people, the Sheriff told me to do what I had to do to protect myself and property. Nothing ever happened but I was well armed at the time for any possible retaliation from these low lifes. Didn't know these people as they were not locals.
 
A friend was having problems until he bought an old DNR pickup at an auction & parked it along the road. Moved it as often as he could.
 
I would post signs No Hunting and No Trespassing and see if that works. It might not be a bad idea to notify the sheriff’s department what is going on. One of them might get ticked off that you're are tearing down their stands and shoot at you. With hunters on your dads property there is the increased danger that one of them will shoot your dad by accident.
 
in Ohio all you have to do is call the DNR. they love to catch illegal hunters. get to confiscate their truck , guns and atv. they sell the stuff and use the money for the game department.
 


Right on JOHN T. If trespass is legal than a trespasser could set up camp in your door yard or on your front porch and there is nothing you can do about it.
 
The problem with catching trespassers with ATVs or snowmobiles or boats is that it's real hard to run them down on foot. Cops have the same problem. I hate trespassers whether it's hunters, pot growers, trappers, whatever. It's not so much that they are on my land as it is the attitude that they are somehow entitled to be there.

I'll give you this much, I'd much rather deal with 10 hunters than one idiot on an ATV of snowmobile. Something about one of them turns normal respectful people into morons. Never seen it fail, and half are drunk too.
 
This is that law as I understand it, if it isn't posted or fenced it seems you can enter it. But IANAL:

18 Pa.C.S. § 3503:
...
(b.2) (b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
(ii) enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.
 
What do you mean? Don't all farmers carry 4 or 5 pairs of handcuffs with them all the time?(LOL) If someone really held a gun on a group of hunters and handcuffed them they'd be the one getting a ride in the Police Car,accidently shoot one and they'd sue the farmer for everything he has plus the time he'd get in jail.Hunting on posted property is an aggravation to the landowner but its not rated as a serious crime where you can level a gun at someone.
 
As I read section b.2 the law says that unless you post or fence it you have implicitly given permission to trespass. Yes, it's still trespassing - but with consent so there's no offense.

b.2 (1) "A person commits an offense if..."
Trespass Laws
 
I don't know what it is, but what you describe seems to be true further north in this state.

Over 10 years ago, I went up near Speculator with a friend to bear hunt, state land, near some lake was west of town, been so long I forget. So we head up very early, get out of the truck, and head into the woods. I'm going to say it was over a mile, maybe 2 in, I ran into this lake, on the east end, the trail ran near it, there was a crew of camo'd up, camp dwellers, whom made the trail part of their camp, so as to be like trolls to anyone passing through. Drunk was not the word, they stunk to high heaven, who knows how long they were set up in there, no way to avoid it so I walk right through, said good morning, they seemed ok at first, but as soon as they could see my back, on my hunting coat, was the back tag, which I understand does not need to be displayed and if it is on your back, you're an unwelcome city slicker. One of them said something, "hey, you don't have to wear that around here, and it really p#sses me off, + in addition to some more threatening statements. Thinking to myself, gee I thought this would be an enjoyable hike, several miles + in, but nope, always some jerks, even deep into the woods, I responded, told him to buzz off, don't like the tag don't look at it. Another response was provided, but I was gaining distance, as I look back, I counted a dozen, drunk camo'd up camp dwellers gathered on the trail, weapons in hand. Once out of sight, I flanked the camp and took cover to observe to see if I had a problem. All I cans say was what a vile group of jerks, nothing came of it. I'm glad, who needs this, won't hunt state land anymore.

What they did not know or take into consideration is that, unbeknownst to them, I was armed well, plenty of ammo for both pieces, one being an M1A, which gives me good groups at 300 yds.

I just knew better than to pack light, instinct and other reasons from the past. I do my best in life not to bother people, avoid conflict and or move on when something is eminent if at all possible, who needs the drama and potential problems etc. They really had me concerned that I had to watch the back door for awhile, then went back on the hunt called my buddy, and told him we will walk back through that camp together, later that afternoon we did just that, drunks were more intoxicated and happier, friendly, no issue at all, not the case early in the morning when hung over I guess.
 
On Thanksgiving Day I happened upon some coon sets on my posted property. This was in Huron County in Ohio. Upon leaving word with the local WCO, he got back with me and asked me to meet him at the property. Josh took my complaint seriously and I found him to be genuinely concerned about this and other ongoing problems we have with trespassers and slob hunting tactics. When I asked what I could do to help him, he told me get a tag number, name, description of a vehicle or even pictures and call him. He said he would respond as soon as he could.

After putting up with trespassers, poachers, spotlighters and vandals I just have had enough. I have had hunts ruined, a game camera destroyed, found evidence of horse and buggy tied to a post after passing within 10 feet of a "Posted" sign and trash dumped in the lane. Once two Mennonite rabbit hunters were asked if they could read the Posted sign attached to the tree one was under. He replied "We didn"t think anybody would care".

Our WCO, Josh, impressed me as a dedicated and professional officer committed to doing the right thing. He was pleasant and caring and told me that he would increase their presence in our area.

I took vacation to deer hunt my property and have to say, this season has been the most pleasant and relaxing season ever. Whatever measures Josh has taken has made a significant difference. I plan to personally thank him and suggest that everyone take time to get to know their WCO. I hope everyone finds the experience as pleasant and rewarding as mine.

A note to the slobs and trespassers, I will no longer remove your stands and place them at the base of the tree with a note telling you that you are not to hunt my land without permission. Your stands will be donated to a sportsman of my choosing. Your loss will be a good person"s gain.
 
We all have to remember that there are laws against trespassing and it is not only out in the country. You would not believe how people think they can park their chairs etc on a guys lawn in town to watch a parade or make a path across your lawn to get to a yard sale down the street and I am supposed to just smile. It's a two way street guys. I hunt, most every day during pheasant season. Good exercise. State land, old home place, friends land etc. Have to be real careful. I always tell guys, just put on a blaze orange cap, carry a broom stick and stop your car along a country road and see who comes zipping up to check you out . Then they say, oh hi Pete, what you doing.
 
Pete I'm pretty sure if I took and ATV and started doing donuts in someones town garden or cut their shade trees down for firewood or cut apart their fences so they could ride through on a snowmobile or sat on their lawn with a rifle they'd get arrested and sued and it would make the paper. That is the difference, not that cops and ECOs wouldn't like to catch up with these guys, it's just different when it's in town.
 
You are right if they went that far on my lawn. My
point is just because my lawn is a small piece of
property in town, people seem to think it is public
property also. And I have waved a few snow mobiles
off over the years also. Walk on the side walk, park
next to the curb, no problem, just don't camp on my
yard with your whole family, drinking your beer etc
to watch a darn parade. I think I will go pheasant
hunting again in a couple of hours, on state land
or private land that I have permission to go on.
 
Okay, now I get your point. Lack of respect for other peoples property is a a growing issue in my area. Never understood it myself.
 
(quoted from post at 14:38:34 12/01/12) In Ohio you do not need to post it, trespassing is a crime whether posted or not and hunting the hunters have to a written signed permit to hunt.

I also found out that in Ohio each person in the hunting group has to have the written permission on their person. No saying that Bubba has the permission, I'm with him.
 

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