Putting a deer out of its misery. Legal?

[Oh Shoot]

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.

 

Only reason I mentioned it, got to talking to a Knox County cop at the range a few years ago, on topic of knives he showed me his original Cold Steel SRK, said he kept it in the cruiser just for putting deer and whatnot down. 'Cause of course any weapon discharge required review and paperwork and gawd knows what all.

 

- OS

[monkeylizard]

Yeah, that's the more likely reality of the situation, but by the letter of the law, I think it's probably worse than shooting it (assuming outside city limits) if an overzealous LEO decided to charge with anything and everything.

 

I suspect that the reality is that for the most part TWRA is probably OK with it, they just can't say so in public. I suspect they may get a little more attentive if you're both putting it down and claiming the carcass.

Edited May 15, 2015 by monkeylizard

[peejman]

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

 

edit: I mean, as to technical illegality.

 

- OS

 

 

Depends on whether you clean the knife before the officer arrives.    "I dunno officer, I guess the car bumper has a sharp edge..."

[Pain103]

  The best I could understand of the wildlife laws it probably could be considered destroying an animal but it is TWRA's function to put down injured deer. With their limited numbers and locations many years ago I believe they had asked the local departments to just handle it. I've never seen anybody given any problems for putting a deer down humanely. It will save me paperwork and having to locate my spent casing to to file with the paperwork like I just shot a human. It is what it is and deer and other animals have to be put down. I don't even hunt but I bet over the past 5 years I've killed just as many as some hunters due to crashes and one coyote. The coyote was actually a funny story because people were petting it thinking it was a dog.

[Wingshooter]

...

The coyote was actually a funny story because people were petting it thinking it was a dog.

:rofl:

That just reminded me of this pic that was posted on here some time ago

[DaveS]

You done no different than TWRA or Local LEO would have done. You did a good thing. Always remember that you are responsible for "your" bullet, no matter where it goes or what it does.

 

DaveS

[DaveTN]

I thought they collected road kill because a deer may not be safe to eat if it’s been hit by a car?? But then I hear about giving them to shelters....what’s up?

Back on topic.... I would shoot a deer if it was suffering and take my chances.

[Oh Shoot]

I thought they collected road kill because a deer may not be safe to eat if it’s been hit by a car?? But then I hear about giving them to shelters....what’s up?

 

TWRA does not police the roads of road kill, nor donate roadkill to shelters.

 

You, however, are free to grab most any roadkill you like. Exceptions: you must notify a proper authority within 48 hours in the case of deer, and you must still get a kill tag first to throw a bear in your trunk.  :)

 

- OS

Edited May 15, 2015 by Oh Shoot

[monkeylizard]

and you must still get a kill tag first to throw a bear in your trunk.  :)

 

- OS

 

In Russia, he rides up front.

 

[Ted S.]

Who cares if it's legal or not? Is someone going to call the cops to come kidnap you for helping out a suffering animal? If so, maybe they should be shot to put society out of its misery.

Edited May 17, 2015 by Ted S.

[Ron_TN]

I dont wanna beat a dead horse ( sorry no pun intended ) but this brings to mind a woman who stoped on the road to protect a duck and her chicks.....it caused an accident.....a person was killed and they held her liable. Anyone remember that case? 

Edited May 17, 2015 by Ron_TN

[monkeylizard]

Yep. 2 people killed, actually.

http://www.usatoday.com/story/news/world/2014/12/17/canada-ducklings-highway-fatal-court/20513845/

 

She faced life in prison, but was ultimately sentenced to 90 days in jail and a 10 year ban on driving. Plus the 90 days will be served on weekends, so it's kind of like getting detention for 2 counts of negligent homicide.

Edited May 17, 2015 by monkeylizard

[Jonnin]

as long as you didn't pack it into your car after you shot it and followed reasonable safety procedures, I think even if you broke the "letter" of the law somehow you would probably still be fine.   The discharge in city limits thing does have exceptions... not sure if this applies though?   I think most folks, including LEOs etc, would agree you did the right thing and it would take a real idiot to press charges on that.

[dawgdoc]

I'm a veterinarian, and I have wondered about this same issue.  I routinely drive through the Chickamauga Battlefield, which is federal land (the notion makes me sick to think about).  The deer there have very little fear; they just stroll across the roads sometimes.  No one can hunt the deer.  Cars hitting deer are common.  

 

One day, I might come across a dying deer.  On one hand, the Veterinarian's Oath and the laws of the State of Georgia say that I should euthanize it if it cannot be saved.  On the other hand, I suspect that there is some stupid federal law that probably does not have an exception in it, whether about the killing of wildlife in the park or discharging of firearms (they have signs about the latter).  One of the problems is that you cannot just look up these laws easily, so you never know what is exactly legal.

Edited May 17, 2015 by dawgdoc

[Pain103]

I'm a veterinarian, and I have wondered about this same issue.  I routinely drive through the Chickamauga Battlefield, which is federal land (the notion makes me sick to think about).  The deer there have very little fear; they just stroll across the roads sometimes.  No one can hunt the deer.  Cars hitting deer are common.  
 
One day, I might come across a dying deer.  On one hand, the Veterinarian's Oath and the laws of the State of Georgia say that I should euthanize it if it cannot be saved.  On the other hand, I suspect that there is some stupid federal law that probably does not have an exception in it, whether about the killing of wildlife in the park or discharging of firearms (they have signs about the latter).  One of the problems is that you cannot just look up these laws easily, so you never know what is exactly legal.

I would be leery of doing anything to an animal on federal land or even a state park. Just notify the park ranger and let them make the call so you have no issues.

[tnguy]

I routinely drive through the Chickamauga Battlefield, which is federal land (the notion makes me sick to think about). 

 

You know about Nevada? That's just ridiculous.
 

[Spiffy]

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

 

They'd probably rather you put it down than to have to drive out the scene and put it down. 

[Ted S.]

I'm a veterinarian, and I have wondered about this same issue.  I routinely drive through the Chickamauga Battlefield, which is federal land (the notion makes me sick to think about).  The deer there have very little fear; they just stroll across the roads sometimes.  No one can hunt the deer.  Cars hitting deer are common.  

 

One day, I might come across a dying deer.  On one hand, the Veterinarian's Oath and the laws of the State of Georgia say that I should euthanize it if it cannot be saved.  On the other hand, I suspect that there is some stupid federal law that probably does not have an exception in it, whether about the killing of wildlife in the park or discharging of firearms (they have signs about the latter).  One of the problems is that you cannot just look up these laws easily, so you never know what is exactly legal.

 

Exactly why laws are just a pointless racketeering scheme.

[Dad03]

This reminds me a few years ago I read where an animal was hit on a busy road and the responding LEO did not want to discharge his weapon to put it down so he asked a local road crew to try and put it down. They tried to beat it over the head with no success in the middle of the busy road. I think someone shot a cell phone video of it too.

[DaveTN]

This reminds me a few years ago I read where an animal was hit on a busy road and the responding LEO did not want to discharge his weapon to put it down so he asked a local road crew to try and put it down. They tried to beat it over the head with no success in the middle of the busy road. I think someone shot a cell phone video of it too.

Yep...
http://blog.al.com/breaking/2007/08/nashville_officer_cleared_in_n.html

[Ron Padilla]

I attended 2 hunting safety courses over the last 2 years and if I recall correctly as long as you report it to the proper authorities you can keep the road kill, putting it down in the city or out of city limits makes no difference, notify the proper authorities and you can keep the meat, but your info may differ, putting it down like others have said is the proper thing to do.

[monkeylizard]

putting it down in the city or out of city limits makes no difference

 

It may make no difference to the TWRA*, but discharging a firearm inside most city limits is a no-no, with self defense being the only exception.

 

 

 

 

 

*Then again, it might. There's no law that says it's OK, but there are laws that say it's not OK to take a deer out of season and without the proper license/permits. Those make no exceptions for putting down an injured animal. It's at the TWRA's discretion, I suppose. Still, it's usually the right thing to do even if it isn't always the legal thing to do.

[Ron Padilla]

It is even ok to discharge in city limits as long as you are 100 feet away from the nearest road or residential property

[Oh Shoot]

It is even ok to discharge in city limits as long as you are 100 feet away from the nearest road or residential property

 

Certainly not in Knoxville, nor in most TN cities, unless there is TWRA land inside city limits. Clarksville must have pretty loose code about it huh?

 

- OS

Edited May 20, 2015 by Oh Shoot

[monkeylizard]

It is even ok to discharge in city limits as long as you are 100 feet away from the nearest road or residential property

 

I'd say in nearly every case, that is wronger than a wrong thing that is incorrect. I suppose some city somewhere may have that exception, but I'd be surprised to see it.

 

https://www.municode.com/library/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_ORD_TIT11PUPEMOWE_DIVIGERE_CH11.12OFAGPUPE_11.12.080DIWE

 

That's Nashville's ordinance.

Edited May 20, 2015 by monkeylizard