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DCF

No Hunting Post

26 posts in this topic

Has any seen the no hunting posts advertised on the outdoor channel? I can't remember what they are called?????? They are a long yellow post with the writing right on the post. No signs.

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yeah, I saw those. They look pretty cool. I can't remeber the name either. If I see it again I will get the name and post it.

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( Please read forum policy before posting again,Thank-you.)

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I finally found them. they are called 3D posts. Thanks

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I've seen the ads too... look better than a sign, and are more likely to stick out.

One thing to remember, though. If memory serves right, if there's a no hunting sign, that means for ANYONE... including the land owner. If you want to keep others off your hunting property but still wish to hunt it yourself the sign needs to have "without permission" or "without landowner's permission" to be truly legal...

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Quote:

if there's a no hunting sign, that means for ANYONE... including the land owner. If you want to keep others off your hunting property but still wish to hunt it yourself the sign needs to have "without permission" or "without landowner's permission" to be truly legal...


Not true

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On your own land you may still hunt even though posted, unless you have posted it as a refuge or sanctuary.

On land leased from MN you may not hunt if you post it for no hunting.

The best way to post if allowable is, No Trespassing-No Exceptions. This rules out the ever present..."I shot it out here and it went in there, I was just retrieving", end around.

Then there is no excuse, and you are not restricted either.

Mn Criminal and civil fines for Trespass have increased over the last few years up to $1000 and 90 days on unposted and $3000 and one year in jail,and confiscations on posted or for repeat violations on unposted.

Remember it is not legal to Trespass on Unposted Private land either, it may or not reduce your liability, or offer a loophole...but it can still cost you plenty! blush.gif

Also Counties, Townships, or Cities/Towns, may have or make more restrictive laws regarding trespassing, hunting, or discharge of weapons.

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It has and always will be the best policy to ask. If everyone asked, many landowners would be more than likely to allow some to hunt.

I will let many hunt but I always have to post the land because there are always some that just wont ask.

Ask and you may be suprised.

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Big Slick and Moby - thanks for the correction. Glad to be wrong on that one. Like I said, "if memory serves right"... I just wanted to make sure that someone didn't end up on the wrong side of that one, just in case, you know? Thanks for the civil responses! grin.gif

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Quote:

The best way to post if allowable is, No Trespassing-No Exceptions. This rules out the ever present..."I shot it out here and it went in there, I was just retrieving", end around.

Then there is no excuse, and you are not restricted either.


Not 100% sure but I think you could still retreive your game even if it was posted like that. You just can't carry your gun while doing so.

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In that situation, though, aren't you better off going to the landowner and explaining the situation? I know that I'd be much more likely to say go ahead, and probably even offer to help someone retrieve their game if they came to the door and asked for permission, rather than just going in on their own, with or without their gun.

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I have adjoining landowners where we hunt and if they shoot a deer and it comes on our property, we help them find it. I do believe the law states that you can enter the property without a weapon. Good to ask first and not have any problems.

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If the land is Not Posted- you may enter for purpose of retrieval only, without a weapon, but must leave and stay out, if directed to do so.

On posted land you may not enter for any reason, and it is then considered Criminal Trespass, which means Criminal Record, possible jail time and much higher fine, and confiscation of possessions. blush.gif

It is much better to ask of course, but I have some neighbors who constantly gripe about Trespassers during deer season, yet have Trespassed on my and others property every time we turn our backs.

They came up with the retrieval story a few times til I directed them to see me if they had said situation, and I would go in and retrieve for them...well you guessed it they never had another retrieval situation...they were simply using it as an excuse to enter, and then hunted the land and shot every thing in sight...

I heard the same song about not wanting to leave the poor deer suffering from all the local professional poachers...

Well guess what, they were the ones who put it into suffering by their poor shooting...must have been nervous about getting caught.

I was wondering why the forest was bare all winter.

I have heard about every phony excuse... blush.gif

If you look into it closely you will see that all illegal Hunting and Fishing is considered Poaching, and hunting while Trespassing is Poaching, even in season... so is after hours, over limit, out of season, road hunting...etc, while not Trespassing. shocked.gif

In short it is illegal to enter land that is Unposted except for retrieval, if you have not been told to leave, and it is illegal to enter Posted land even for retrieval, except with explicit permission, although I do not know of anyone who has prosecuted on Unposted land except Agricultural.

Even sending a projectile (shot,bullet,arrow), and perhaps anything, over or onto private property can be considered Trespassing.

In addition to Criminal penalties, a landowner/leasee can seek Civil penalties or damages.

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I'd think those sign posts would be the hot ticket - as long as they meet the legal requirements, that is.

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Moby Richard,

Actually it is legal to enter unposted, unfenced, non-Ag land (note: CRP is considered Ag). You can even legally hunt that in Minnesota. Ethical? I don't think so, but you make the call on that one, it is legal. You nailed the rest, well said.

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I was just re reading the regs and you CAN enter posted land to retrieve shot game, or your dog, but after doing so must leave immediately. I agree on down game it would be better to ask permission, but the regs state that you can do it.

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It's a tough call on that one, if you don't enter the land to retrieve the animal, it could be considered Wanton Waste. If you go after it and are found wandering around, you could get pinched for trespass. The regs do state that you can enter posted land to retreive game or a dog. In the city hunt this is a very sticky situation. A lot of homeowners are for the hunt, but it could only take one instance of trespass to get the ball rolling to stop it. I would enter to get the game, posted or not, and then let the owner know that I was there.

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Matt you are completely right...posted or non posted you can legally enter the land to retrieve a wounded animal or your dog.....you cannot carry a firearm on the land with you....I went through this with a neighbor last year and ended up having to call the CO to let me on the land.....needless to say the neighbor was charged with reckless use of firearm for pointing it me.

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Here is an issue i ran into last fall, took a doe within the fence on the propery we were hunting the doe rolls under thru the fence on the other side.

No posted sign no crops nothing etc. I left my rifle doe was maybe 10 feet across the line. Grabbed the doe dragged her across the line and commenced to clean it, crazy neighbor lady comes up and screams I poached it, etc. I just asked her to call the CO.

CO comes out and tries to get me to admit I fired across the fence(not possible)as the doe was on the fence line road when I shot it.

Long story short the landowner on whose land we were hunting had recently had the property surveyed and the fence the CO and lady were using as their argument for trespass was actually 15-35 yards in various places within his property. The entire fenceline not just parts of it.

I knew I was legal but the CO did not bother to learn the facts or hear my version the neighbor as I said before was just crazy.

So the moral of the story is be sure you know the area...everyone thought for many years the fence is the

line but it was not.

As a quick side note the CO was trying to do the right thing and keep the peace, they do a tough job with no sleep no break and deal with a lot of crazy stuff in a expediant manner.

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I guess its key to know your neighbor, adress the sitaution before it comes to that. Talk to them before the season, bring up the what if it jumps the fence after I shot, would you mind if I retrieve my deer. Or ask them if this happens should I consent you first. And if they tell you to stay out, then call the co before even going into thier land. Plan ahead, be friendly you should get better results.

I own land in Wisconsin, the neighbor bow hunts, I dont, I rifle hunt, he dont, we agree if you need to cross the line to retrieve your game go ahead.

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Can you point to me the place in the regs where it says you can enter posted land to retrieve game? I see where it says you can enter non-posted land, but not posted land.

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I am so glad that all of my neighbors where we hunt are great and trustworthy. We have an agreement too, if you wound a deer...even fatally and it crosses a fence and THEY shoot it again or find it...it is theirs. That way, we all look for wounded deer. Also, if it crosses the line...we call them and we all look for it. That way, we don't let an animal suffer or waste it. And, it is a lot more safe. Why walk somewhere when other hunters may see a deer you scare up and shoot at you for they don't know you are there??

Our neighbors are fantastic and I hope they say the same about us.

Also, that way you shoot to kill. No pot-shots. Be sure of your shot and don't just throw bullets at a target and hope you get lucky.

Typically, if our neighbor finds a dead deer, they call us and vice-versus. The line is "Hey, come over here and get your deer!". Last year we got such a call, and it was dragged out for us, gutted, and tagged!!

Now, if it was a big buck...it may have been different. But who wants a big buck that you didn't actually shoot? You are only trying to fool yourself. Buy a nice rack on Ebay if you want to do that....

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We have an agreement with our neighbors at our cabin that if we shoot a deer and it crosses the property line, they come find us and let us know that we're tracking a wounded deer and usually will help find it. That way, if we see someone walking around, we know what's going on. It doesn't happen often, but any addition sets of eyes always helps with tracking. It definitely helps cut down on wounded deer running around and helps build respect and communications between neighbors. It's always nice to know that they're at least making an effort to recover downed game.

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At the top of page 13 in the regs. As I read that, I understand those two exceptions to be interchangable. Meaning, I don't think you can only go on land that is posted to get your dog. That is only MY interpretation, not from the mouth of a CO.

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Ok, I know there is some confusion on this. Part is, posted No Hunting vs No Trespassing, vs No Trespassing No Exceptions, and Mn vs WI.

Posted No hunting only takes away hunting and implies other trespass consent.

Posted No Trespassing, takes away game retrieval without permission and probably dog retrieval.

Posted No Trespassing No Exceptions, takes away game retrieval or dog retrieval, without permission.

Dogs are required in most townships to be under the control of the owner. wink.gif

In Swissconsin, it is clearly stated that any entry onto

private land without permission Posted or Not is Trespassing, with the exception of game or dog retrieval on Unposted only, unless told to leave.

In Spinnesota, the hunting regs talk about being able to enter unposted land, but the State trespass laws and various court cases have upheld the right of no trespass on unposted private lands with the exceptions of game and dog retrieval and maybe a few others.

On posted no Trspassing lands in Mn, you lose the right of entry for retrieval, without permission.

It is more defined under Mn snowmobiling rules.

Other exceptions of course are private property advertising as open to the public, like churches, stores, shops, etc.

Also most peoples city yards, because of constant invasion by postpeople, newspaper persons, neighbors, gives the appearance of implied consent.

Also found some stuff indicating if a Mn huntable property, has a residence of some sort, not necessarily a full time home/cabin on it, is considered improved and non trespassble without permission...it did not say how large a piece would be covered by one habitable building.

Also in Swissconsin, when hunting on any land you do not Own, you may not hunt within 100 yards of a building used for human habitation...and hunting is defined as having an uncased weapon, loaded or not, or assisting a hunter without a weapon, as in a non hunting deer driver.

Some recent notable court decisions...People protesting on Alliant Tech property in Mn were aquitted of Trespass charges under a "claim of right" because it is a violation of "legal warfare" to manufacture or use weapons with radioactive materials, and ATK does produce, and the US Military has used, hundreds of tons of these depleted Uranium weapons in Iraq, in both wars. I wonder why we are then able to possess and threaten to use nuclear weapons???

Also a man in Mn was aquitted while hunting on Unposted Overgrown, CRP/RIM, agricultural land. I am not sure if all such land is now required to be posted.

Another man was convicted of leaving waterfowl decoys out overnight, to close to vegetative cover that could hide a hunter, though his counter claim that others could not hunt near his land or decoys, because they would have to shoot over or into his leased space, as Trespassing was upheld, it was determined that others could hunt near his leased space or decoys, if their shots did not go over his leased land. Etc,etc...

So you can challenge any thing in court, but it will cost you and new laws are being considered as we speak, to tighten Trespass Law.

What is legal Today, may not be Tomorro!

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