Right to Retrieve in GA? Think again..

Status
Not open for further replies.
On the evening of 9/19/21 I was hunting a piece of private land that I have had permission to hunt for about four years now. At about 5:15pm I was able to finally get a 21 yard shot at one of the three bucks on my hit list with my crossbow. I pulled the trigger, and let the arrow and 2 inch broadhead fly connecting with what I figured was a lung shot.

I backed out to get some help, and gave the deer time before we headed back in to start tracking. With good flashlights and some manpower we headed back in; tracking the buck for quite a ways. When we got to a crossroads where we could tell the buck was headed toward a neighboring piece of property we knew we had a decision to make. After talking it over we decided it would be best to call the land owner to try and get permission before being on their land. I looked online, and was able to find a phone number for the property owner. I called it and got the answer I dreaded; a resounding “NO.” The land owner said "I don't want anybody on my property for any reason!" I was hung up on while trying to convince the land owner that the deer was dead on their property and that it would go to waste and rot.

At this time I thought it would be my best bet to call my local game warden and see if he could assist me. I've heard my whole life that Georgia was a "Right to Retrieve" state and that if you don't gain permission to recover your kill that a game warden or law enforcement officer would assist you. Unfortunately, this is not true. My game warden told me that if the land owner says “no” there is nothing we can do. I then asked him if he could try to call and gain permission. He said "If the land owner says ‘yes’, I'll call you back." It's now been 4 days, and he hasn't called back. I'm assuming they said “no.”

In the next couple of days I contacted four Georgia Game Wardens from three different counties (some who were VERY helpful, and some not so much). I have also called two Georgia State Patrols. Unfortunately they all gave me the same answer.

I write this article to share my story in hopes that it will help other hunters to avoid this mistake. Looking back, if I had gone and got my deer without permission it sounds like, worst case scenario, I would have been given a trespass warning. I also would have my personal best buck mounted on my wall right now, or at least at the taxidermist.

I tried to do everything 100% by the book, and unfortunately it didn't work out. In this case the anti-hunter wins.

I hope this article can shed some light on this law in Georgia and anywhere else it might apply. As hunters, it is our job to conserve wildlife. Letting animals rot is not a good conservation practice. I understand private property laws and protecting private land owners, but something needs to change. There needs to be a revision somewhere that legal hunters can retrieve their kill in this type of scenario. I don’t know the fix, but I hope for the sake of my six month old son who will want to hunt here in Georgia one day, that this can be fixed.

Thank you for reading.
Brady Carver
 

Whitefeather

Management Material
Sorry to hear this and we’ve all been there. But you have to understand…
”your rights end where my rights begin”. If not, then we’re not in a free country.
It sounds like you did nothing wrong and that’s what you can be proud of. It sucks to loose one anytime but it happens.
 

Hillbilly stalker

Senior Member
A couple points to ponder……

If the landowner says no, there’s is nothing else you can do.

There are a lot of crazy people out there. A land owner may very well start shooting at you. Read some of the trespassing posts on here. A deer ain’t worth dying for.

Asking a Highway Patrolman about a DNR situation or criminal trespass (you) doesn’t make a lot of sense.

Best thing to do is ask permission ahead of time at a decent hour and go from there. A phone call in the middle of the night or when their playing with momma will not likely be answered in a positive way.

You did the right thing, I hate you lost your deer.
 
A couple points to ponder……

If the landowner says no, there’s is nothing else you can do.

There are a lot of crazy people out there. A land owner may very well start shooting at you. Read some of the trespassing posts on here. A deer ain’t worth dying for.

Asking a Highway Patrolman about a DNR situation or criminal trespass (you) doesn’t make a lot of sense.

Best thing to do is ask permission ahead of time at a decent hour and go from there. A phone call in the middle of the night or when their playing with momma will not likely be answered in a positive way.

You did the right thing, I hate you lost your deer.

Couple things..

In my county all DNR issues are handled through our Georgia State Patrols first. That's the only way I could get in touch with him in the first place.

And When I called and asked permission it was about 9:00 and barely dark.. That's not exactly in the middle of the night. I couldn't predict that was where my deer would run weeks before I shot it. I'm hunting on 40acres and it died on her 4. She is an old woman in her 80s I'm guessing and it wouldn't have mattered when I called her she was going to say no. Trust me.
 

Jim Boyd

Senior Member
Bad deal.

Gotta know that possibility exists when you start hunting with an arrow and particularly on 40 acres.

Even on a square 40, you are no further than 220 yards from the property boundary and that would be if you were dead center the property when you shot, which is not overly probable.

It does suck but I think the best advice given so far is to know the landowners ahead of time.

Sorry you could not continue tracking.

How far did you track?

Have you considered that the deer is not expired?

Did you say she only owns 4 acres?

If yes, it is highly probable now that you have moved to the 3rd landowner.

I am fairly sure someone will be along shortly to say “that is MY deer and I am gonna go get it”. Bad idea. Cameras may be everywhere.

Best of luck for future hunting.
 
Bad deal.

Gotta know that possibility exists when you start hunting with an arrow and particularly on 40 acres.

Even on a square 40, you are no further than 220 yards from the property boundary and that would be if you were dead center the property when you shot, which is not overly probable.

It does suck but I think the best advice given so far is to know the landowners ahead of time.

Sorry you could not continue tracking.

How far did you track?

Have you considered that the deer is not expired?

Did you say she only owns 4 acres?

If yes, it is highly probable now that you have moved to the 3rd landowner.

I am fairly sure someone will be along shortly to say “that is MY deer and I am gonna go get it”. Bad idea. Cameras may be everywhere.

Best of luck for future hunting.

You are right but unfortunately in this area everyone is moving in and building cabins everywhere and finding a 40acre chunk to hunt is almost unheard of. Very hard to do..

I saw the deer on her property (I'm pretty sure) with blood running out his mouth/nose area and he was gargling.. lung shot I believe. But still standing upright. If it had been as easy as slip over there and grab a dead deer that might have been what I would have done.. hindsight is 20/20.

I have a LOT of buddies still offering to go get it but it's simply not worth someone going to jail or getting shot over. If I can't have it legally I don't want it.
 

chrislibby88

Senior Member
Bad deal.

Gotta know that possibility exists when you start hunting with an arrow and particularly on 40 acres.

Even on a square 40, you are no further than 220 yards from the property boundary and that would be if you were dead center the property when you shot, which is not overly probable.

It does suck but I think the best advice given so far is to know the landowners ahead of time.

Sorry you could not continue tracking.

How far did you track?

Have you considered that the deer is not expired?

Did you say she only owns 4 acres?

If yes, it is highly probable now that you have moved to the 3rd landowner.

I am fairly sure someone will be along shortly to say “that is MY deer and I am gonna go get it”. Bad idea. Cameras may be everywhere.

Best of luck for future hunting.
I’m gonna play a little devil’s advocate here: Say she does have cameras (highly unlikely), then what? They still have to ID you. A trespassing ticket isn’t gonna be that expensive if it even gets that far. I would be VERY tempted take one before I let a deer rot.

On the other hand, if I saw flashlights in my woods at night I’m investigating with a gun on my hip. I would 100% let someone recover a deer form my land, but there would definitely be some questioning if they just showed up after dark. There’s also some straight crazy folks out there and they could very well start shooting at you without warning, so is it worth the risk? Who knows. Hope in never in a situation where I have to make that decision to trespass or not for a deer.

Sounds like OP did everything kosher, and you have my respect for doing the right thing. Just an all around crap situation. If it was me I would contact adjacent land owners and try to find the trail on the opposite side of the property. If it’s a small piece noise on one side could easily bump the deer back on his feet and off the crazy cat lady’s land.
Also, if you’re in a smaller town it wouldn’t hurt to find someone that knows the landowner and see if they can advocate for you, or retrieve the carcass themselves. Have you tried bribing her? Or knocking on her door? Face to face might yield different results, unless you look like me with tattoos and what my wife calls “RBF”
 

The Original Rooster

Mayor of Spring Hill
You are right but unfortunately in this area everyone is moving in and building cabins everywhere and finding a 40acre chunk to hunt is almost unheard of. Very hard to do..

I saw the deer on her property (I'm pretty sure) with blood running out his mouth/nose area and he was gargling.. lung shot I believe. But still standing upright. If it had been as easy as slip over there and grab a dead deer that might have been what I would have done.. hindsight is 20/20.

I have a LOT of buddies still offering to go get it but it's simply not worth someone going to jail or getting shot over. If I can't have it legally I don't want it.
It's a balance of ethical and legal behavior that ultimately MUST defer to the legality of our actions. I live and hunt on my 15 acres and I had to decide to only hunt with firearms that were sufficient to drop deer dead in their tracks. Even a sufficient caliber can't guarantee that's going to happen but that's all I can do. Is it ethical to allow a deer to be wasted because we couldn't retrieve it? No, but it's also unethical to trespass on another landowners property.
If I found someone armed and rambling on my little piece of property, my attitude towards them would depend a lot on their attitude when I found them. If they started up saying they had a right to trespass to retrieve a deer and that I can't stop them, they would quickly find themselves in the back of a police car for poaching. If they pulled up my driveway and knocked on my door to ask permission, I'd probably help them look.
The smart thing to do is to be proactive if possible. Meet the neighboring landowners before you start hunting so that you'll know where you can go and where you can't if you need to track a deer. The first time they meet you shouldn't be when you need a favor from them.
 

The Original Rooster

Mayor of Spring Hill
I see what you're saying but it wouldn't have mattered with this person. I offered her $500 to let me go get it.. still no. She then shows up on my property the next morning and it resulted in me calling the police on her. This person is a whole different level of crazy.
And you did the right thing. You know you can't go on her property and she knows she can't come on yours. If she is indeed crazy, I'd bet she'll be back on your property soon and she'll be cited for trespassing. It's always good to have the law on your side in these cases. It makes things crystal clear for all parties involved usually.
 

pjciii

Senior Member
Just like with a woman. No means No. Unless you want to start an @MeToo. I am sure it is the same here in NC. It is my understanding That you have the right to retrieve the hunter but if land owner says no you have to leave the game where it dropped.

Also if it is posted i dont think they have to give a warning

NCH can correct me on NC laws if i am wrong. I was talking to game warden due to fact these property's back up to bear sanctuary in the Nantahala.
 

antharper

“Well Rounded Outdoorsman MOD “
Staff member
This is hard to read , and understand . But I know it happens and just don’t understand how someone could refuse to allow someone to retrieve a animal that’s dead off their property . I’ve had it happen twice and know it was wrong and was willing to pay my fine if caught. But I left my gun on my property and waited til the less likely time someone would be hunting and got my deer and got out quick . And to me I did nothing wrong . I agree this is a law that needs changing
 

Jack Flynn

Senior Member
What did we do before we had that little computer in your hand? We retrieved it... Also I had just the opposite happen to my daughter and I. Game warden came out, said wait here, went and looked for an hour. Couldn't find it. No problem at all.
 

Hillbilly stalker

Senior Member
I see what you're saying but it wouldn't have mattered with this person. I offered her $500 to let me go get it.. still no. She then shows up on my property the next morning and it resulted in me calling the police on her. This person is a whole different level of crazy.
Those are the kind that shoot
 

The Original Rooster

Mayor of Spring Hill
This is hard to read , and understand . But I know it happens and just don’t understand how someone could refuse to allow someone to retrieve a animal that’s dead off their property . I’ve had it happen twice and know it was wrong and was willing to pay my fine if caught. But I left my gun on my property and waited til the less likely time someone would be hunting and got my deer and got out quick . And to me I did nothing wrong . I agree this is a law that needs changing
Although I understand your noble intentions, I have to disagree. I disagree simply because not everyone has noble intentions. If the law was changed, anyone caught trespassing could say they were looking for a wounded deer. Even if it was required to notify the landowner before searching and the landowner couldn't refuse, it would still equate to a unwanted search of property and I personally wouldn't want anyone to have the right to walk my property at any time just because they contacted me and I couldn't refuse.
In short, a deer doesn't belong to me until I put my hands on it and take possession of it and I can't trespass to take ownership of it.
 

kayaksteve

Senior Member
Like most things now It seems more to me like a people problem than a legal problem. There’s very little community and trust among people now. It’s a real shame neighbors can’t get along and at least be civil. If I thought I could get my deer and be gone without any notice I would but that doesn’t mean that’s right either. But it feels less wrong
 

rugerfan

Senior Member
I am sorry you lost your deer, that stinks. But as stated in other posts, once the landowner says no, it is no. There is no trust th neighbor anymore. But there are people out there that shouldn't be trusted too.

Again, hate that for you.
 
Status
Not open for further replies.
Top