A Law Enforcement Perspective on Trespassing

After a mix of hearty praise, thoughtful alternatives and veiled threats to my safety from hunting forum users (thou dost protest too much, methinks) after my last blog on finding yet another poacher’s stand, I decided to consult a conservation agent on what the lawful course of action should be.  To be clear, I don’t take joy in learning someone has been unlawfully hunting the same game I’m pursuing legally.  I’d much rather have my virgin woods than collect gear from trespassers; but we take the world as it is, not as we want it to be.  The blog was my attempt at making lemonade.

I called the local Missouri conservation agent and explained the scenario about the stands I was finding and the oppositional positions taken by not a few forum users.  I was relieved to hear him say that these people had an incorrect perception of what rights a trespasser has.  His summary was as follows:

  • I had found abandoned gear on private property
  • Trespassing is a form of poaching
  • I could use my discretion regarding what to do with the stands, but his preference was that I:
    • Take down the stands and tree steps and remove them from the woods
    • Leave a note indicating the following:
      • Abandoned hunting gear was found on this private property
      • Hunting on private property without permission is against the law
      • Include my telephone number for the user to contact me if they wish to get their equipment back

Photo Nov 27, 7 35 56 PM

  • If they don’t call, I’m the new owner of the stands and have hopefully sent a message to cease trespassing.
  • If they do call, don’t call them back.  Relay their name and number to conservation law enforcement who will:
    • Coordinate getting their gear back to them and in the process,
    • Ensure they are ticketed and fined for trespassing and any other game laws they are likely to have broken

I’ve had previous conversations with this particular agent and know him to be an upstanding guy.  He did not share the view of some of the folks online who characterized poaching as a victimless crime.  In fact, he was eager to figure out who these individuals were in order to pursue them.

I hope you aren’t faced with people encroaching on your hunting areas.  Land access is becoming more and more of an issue for hunters without the added challenge of defending our properties.  If you do find yourself with uninvited company, hopefully this counsel will provide you some direction.

If however, you find yourself on the wrong side of the law on the other side of someone’s fence, know that eventually it will cost you either your gear, or a fine from law enforcement.