Putting a deer out of its misery. Legal?

[satalac]

So my neighbor hit a deer this morning and I pulled up soon after. After checking on her, we checked on the deer and it was in bad shape. Decided to discharge a round into it and end it's suffering. Anyone know the legality of this? I do have my hcp and we live outside Murfreesboro city limits surrounded by woods and farmland. Not really concerned about getting cited, just curious what the laws are. I thought about slitting it's throat with my SOG Seal Pup, but didn't want to chance injuring myself.

[Omega]

So my neighbor hit a deer this morning and I pulled up soon after. After checking on her, we checked on the deer and it was in bad shape. Decided to discharge a round into it and end it's suffering. Anyone know the legality of this? I do have my hcp and we live outside Murfreesboro city limits surrounded by woods and farmland. Not really concerned about getting cited, just curious what the laws are. I thought about slitting it's throat with my SOG Seal Pup, but didn't want to chance injuring myself.

I am not sure on legality but its been done many times around here, a LEO took care of one in front of my house that had been hit by a car and I live well within the city limits.  Of course here in Clarksville there don't seem to be any laws against discharging a weapon within city limits, just a noise ordinance.

[satalac]

I know there isn't a problem with discharging a firearm in this area, as people shoot on their property all the time. Just didn't know about killing a deer. I would think (hope) that most LEOs would be ok with it. Edited May 15, 2015 by satalac

[Hozzie]

First, thanks for putting it out of it's misery.  Too many people would have just let it suffer.   I wish I knew from a pure legal perspective.  I am guessing if they wanted to site you they could (probably more of a TWRA issue though), but as long as it was done in a responsible manner, I don't think most would.

 

I have done it before and would do it again if I needed to.

Edited May 15, 2015 by Hozzie

[K191145]

I know there isn't a problem with discharging a firearm in this area, as people shoot on their property all the time. Just didn't know about killing a deer. I would think (hope) that most LEOs would be ok with it.

 

I think it would be cruel to let it suffer if you could stop it, if you can walk up to within a few feet from a deer after it was hit then you know it has a broken back if it doesn't get up and run.

[satalac]

I think it would be cruel to let it suffer if you could stop it, if you can walk up to within a few feet from a deer after it was hit then you know it has a broken back if it doesn't get up and run.

Yeah, when I approached it, it tried to run but fell back down and kicked around a bit. I could tell it was pretty messed up, that's when I decided to put it out of its misery. It hurts me to see animals suffer needlessly.

[Wingshooter]

I think a TWRA officer probably could cite you if they really wanted to (out of season, on a roadway, etc.), but I doubt most officers would given the intent and circumstances

[hipower]

Thanks for your compassion. It was the right thing to do.

[peejman]

I've heard both sides of the story...  In one instance, the responding officer was very appreciative of him not having to do it, given the hassle involved with discharging his weapon.  In another instance, the officer gave the person the 3rd degree about having a hunting license, shooting from the road, carrying a loaded weapon, blah, blah, blah.  The officer didn't do anything, but wasn't exactly pleasant about it. 

[E4 No More]

Out of the city limits I'd do it and not care. Inside the city limits I'd call popo, tell them I am legally carrying a weapon, and ask if they'd like me to do it for them. As peejman said, you never know when you'll draw an a-hole who's absent of common sense and thus wants to charge you with something such as discharging a firearm in city limits.

[bersaguy]

I would have put it out of it's misery and then called it in so the meat could have been salvaged and sent to a homeless shelter. The TWRA collects all good early road kills and donates the meat. Also you can get a report from them for insurance purposes. I have not heard of any TWRA people giving anyone any grief for putting an injured deer down bu they do appreciate a call so they can get the meat...................... :up:

[Mike.357]

Driving to work one day there had been an accident involving a deer on Middlebrook PK.  Well within city limits,  as I rolled by I was able to slow enough and encourage the policeman to put the deer down,  you could tell it was suffering.  He replied that he was not allowed to.

 

If I encountered it first I would have called it in and asked if I could do it.  I am guessing now I'd have been told no discharging of firearms in city limits was still the law in this instance.

 

I worry about hitting them every day.  Lots of deer around my house.

[monkeylizard]

By law, it's ilegal and a TWRA issue. You're taking a deer out of season and/or from a roadway, possibly w/o a license w/ big game permit.

 

The reality is that you're taking a risk and it will all depend on if LEO (incl. TWRA) get involved and how the responding officer decides to handle it. It could be fine, or it may not be.

[monkeylizard]

The TWRA collects all good early road kills and donates the meat.

 

Where did you hear that?

 

You can collect the meat yourself as long as you notify TWRA or local LEO within 48 hours, but only if the deer was killed by the accident. The law makes no room for a deer that was shot after the accident.

http://www.tn.gov/twra/faqmain.html

[E4 No More]

Where did you hear that?

 

You can collect the meat yourself as long as you notify TWRA or local LEO within 48 hours, but only if the deer was killed by the accident. The law makes no room for a deer that was shot after the accident.

http://www.tn.gov/twra/faqmain.html

It used to be done in Missouri a lot, but that's Missouri. :shrug:

[Glenn]

When my wife witnessed a deer that had been hit, I also worried about TWRA. Luckily a man that lived nearby put it down. It took me 24 hours to get someone at TWRA even though it was during their hours. I talked to a nice woman who said she would have someone call me back. The man that called said as long as you are not violating local laws about discharging a firearm, it was legal but you can't take possession  of the deer without TWRA permission. If you just put it down and let it lay, no problem with TWRA. I don't have this in writing so YMMV.

[bersaguy]

Where did you hear that?

 

You can collect the meat yourself as long as you notify TWRA or local LEO within 48 hours, but only if the deer was killed by the accident. The law makes no room for a deer that was shot after the accident.

http://www.tn.gov/twra/faqmain.html

Word of mouth from a local TWRA officer is where i got it but evidently he was also wrong and needs to study his own rules.

[monkeylizard]

When my wife witnessed a deer that had been hit, I also worried about TWRA. Luckily a man that lived nearby put it down. It took me 24 hours to get someone at TWRA even though it was during their hours. I talked to a nice woman who said she would have someone call me back. The man that called said as long as you are not violating local laws about discharging a firearm, it was legal but you can't take possession  of the deer without TWRA permission. If you just put it down and let it lay, no problem with TWRA. I don't have this in writing so YMMV.

 

In reality, that's probably how it's going to play out nearly every time. But from a letter-of-the-law perspective, it's no bueno.

[tnguy]

Local laws where I am permit hunting within city limits but I think this would not qualify as hunting.

 

Actually had a similar situation a few years ago. Driving by the body of a dear in the turning lane when it lifted its head. It was a moot point though as it would not have been safe to stop and do anything about it anyway where it was.

Edited May 15, 2015 by tnguy

[satalac]

I would have put it out of it's misery and then called it in so the meat could have been salvaged and sent to a homeless shelter. The TWRA collects all good early road kills and donates the meat. Also you can get a report from them for insurance purposes. I have not heard of any TWRA people giving anyone any grief for putting an injured deer down bu they do appreciate a call so they can get the meat...................... :up:

I'll keep that in mind next time. I do hate to see good meat go to waste.

[E4 No More]

The vultures gotta eat too!

[Oh Shoot]

Would it make a diff if you just cut neck artery rather than use a gun?

 

edit: I mean, as to technical illegality.

 

- OS

Edited May 15, 2015 by Oh Shoot

[Wingshooter]

Would it make a diff if you just cut neck artery rather than use a gun?

edit: I mean, as to technical illegality.

- OS

My guess is that using a gun causes some folks in charge to associate the action with "hunting" whereas a knife may not attract that attention :shrug:

I'm not aware of any laws about it specifically though Edited May 15, 2015 by Wingshooter

[Wingshooter]

I found this on the TWRA FAQs page...

"Does your agency pick up dead deer or need to know about one on the road?
No longer. If you wish to report a deer found dead on a state road, please call the State Highway Department. If it's on a county road, please call the County Road Department."


http://www.tn.gov/twra/faqmain.html#Wildlife

[monkeylizard]

Would it make a diff if you just cut neck artery rather than use a gun?

 

edit: I mean, as to technical illegality.

 

- OS

 

Maybe, but it may actually make things worse. Page 16 of the 2014 Hunting and Fishing guide lists the tools which may be used in hunting and specifically says that anything not listed is not allowed. A knife is not listed, so you'd (by the letter of the law) be hunting out of season from a roadway (possibly w/o the proper permits too), and now you'd be adding on a charge for using an unlawful device.

http://www.binghamgroup.com/twra/hunt-trap-guide2014/

 

That's by the letter of the law, of course. In reality, I suspect things play out much differently.