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Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: IDOT] #506676
01/18/13 01:43 PM
01/18/13 01:43 PM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
H
Hogwild Offline
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Hogwild  Offline
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H
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
Originally Posted By: IDOT
Originally Posted By: Hogwild
A dog can't trespass in AL.


THE DOG, isn't trespassing. ( Get it )


The owner of the dog, is breaking § 3-1-5. article a and should be fined not less than $2.00 nor more than $50.00


Read it again......S L O W......

and then tell me that you really think you are right. That you really think it is illegal to leave your premises with your hunting dog and turn him aloose to hunt, or swim to retrieve, or to herd your cattle.

You are misinterpreting that Law and trying to use it to make a point. BUT, you are WRONG!

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Hogwild] #506681
01/18/13 01:47 PM
01/18/13 01:47 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
Old Mossy Horns
bamachem  Offline OP
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Fairhope
Originally Posted By: Hogwild
A dog can't trespass in AL.

Andy wouldn't make a pimple on 49'er's rump!!!!

Show me the Case Law and History regarding prosecution of this imaginary Law.
You can't. Because there is NONE!


Oh, I was SO hoping you'd pull that card out!

Took you long enough!

First of all, please refer to the Jefferson County AL Sheriff's Department website:

http://www.jeffcosheriff.org/faq.php?listcat=Patrol%20Division

Quote:
• What is the law governing dogs running at large in unicorporated Jefferson County?
Code of Alabama, Title 3-1-5, states that dogs must be confined to their owners premises, or premises where they are normally kept. However, dogs may accompany the owner, or other person elsewhere if the dog remains under the owner/person's control. Generally, this means on a leash.



Oh, wait, you wanted CASE LAW. That's right!

The law has been used, and was appealed to the Alabama Supreme Court. Needless to say, the law was upheld by the supreme court.

What was the context of the case that went to the Supreme Court you ask?

Why, it was regarding dogs inside a deer pen!

Quote:
Based on the foregoing, the trial court's ruling is reversed. Because Golden admitted, during his testimony, to facts that constitute the essential elements (that two of his dogs were in the deer pens of the Deer Research Project of Auburn University on property belonging to Auburn University) and because the evidence is uncontroverted, we remand for entry of a judgment of guilt and proper sentencing.


So, the dogs were on the property NOT that of the owner, harassing deer, and the owner KNEW the dogs were at large. GUILTY!


MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: IDOT] #506682
01/18/13 01:47 PM
01/18/13 01:47 PM
Joined: Apr 2000
Posts: 17,385
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
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Elmore County
Originally Posted By: IDOT
Originally Posted By: Hogwild
A dog can't trespass in AL.


THE DOG, isn't trespassing. ( Get it )


The owner of the dog, is breaking § 3-1-5. article a and should be fined not less than $2.00 nor more than $50.00


you are not reading >>>


a person may not let their dog run at large off of their own premisis unless the dog is accompanying the owner!

it dose not state that the dog has to by his side

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Hogwild] #506683
01/18/13 01:49 PM
01/18/13 01:49 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
Old Mossy Horns
bamachem  Offline OP
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Fairhope
Originally Posted By: Hogwild
It is illegal to shoot the dogs.
Just because you have found a loophole that allows you to LIE and say that you were threatened does not change that!


The law says you can shoot them if they threaten any PERSON, ANIMAL, OR BIRD.

Read it Danny. It's right in front of your eyes.


MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Hogwild] #506684
01/18/13 01:49 PM
01/18/13 01:49 PM
Joined: Dec 2004
Posts: 25,374
Guntersville, AL
IDOT Offline
I am Cornholio
IDOT  Offline
I am Cornholio
Joined: Dec 2004
Posts: 25,374
Guntersville, AL
Originally Posted By: Hogwild

Read it again......S L O W......

and then tell me that you really think you are right. That you really think it is illegal to leave your premises with your hunting dog and turn him aloose to hunt, or swim to retrieve, or to herd your cattle.

You are misinterpreting that Law and trying to use it to make a point. BUT, you are WRONG!


No wonder there are so many problems with hunters that use dogs, you can't even read the LAWS on the books and understand them!


On YOUR premises or premises where you HAVE PERMISSION it is not illegal. On land where you don't have permission to be or hunt or whatever, it's illegal for you to let your dog on that premises. Now how is that hard to understand?


Originally Posted by Patricia Heaton
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.


Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506690
01/18/13 01:52 PM
01/18/13 01:52 PM
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Posts: 17,385
Elmore County
Frankie Offline
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Frankie  Offline
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Elmore County
any body got the link to the code of alabama

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Frankie] #506691
01/18/13 01:52 PM
01/18/13 01:52 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
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Originally Posted By: Frankie
you are not reading >>>


a person may not let their dog run at large off of their own premisis unless the dog is accompanying the owner!

it dose not state that the dog has to by his side


Really? Either you are trolling or you have trouble tying your shoes in the morning.

You cannot accompany a dog across a property line when it's chasing a deer or you will be trespassing yourself. Since you do not accompany the dog across the property line to supervise his actions, then the dog is no longer accompanied and YOU are in violation of the law!

Period.


MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506692
01/18/13 01:52 PM
01/18/13 01:52 PM
Joined: Feb 2012
Posts: 2,926
Jackson county
t123winters Offline
10 point
t123winters  Offline
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Posts: 2,926
Jackson county
What is going to happen here in the near future, dog hunting will be banned,simply because people can't get along. I am so glad we don't have dog hunting up here...


I would rather be turkey hunting
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: IDOT] #506693
01/18/13 01:53 PM
01/18/13 01:53 PM
Joined: Dec 2004
Posts: 25,374
Guntersville, AL
IDOT Offline
I am Cornholio
IDOT  Offline
I am Cornholio
Joined: Dec 2004
Posts: 25,374
Guntersville, AL
On a side note, I don't really have a "dog" in this fight since running deer with dogs isn't allowed in Marshall County. It is however, fun to discuss grin


Originally Posted by Patricia Heaton
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.


Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506694
01/18/13 01:55 PM
01/18/13 01:55 PM
Joined: Apr 2000
Posts: 17,385
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
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Posts: 17,385
Elmore County
Originally Posted By: bamachem
Originally Posted By: Hogwild
It is illegal to shoot the dogs.
Just because you have found a loophole that allows you to LIE and say that you were threatened does not change that!


The law says you can shoot them if they threaten any PERSON, ANIMAL, OR BIRD.

Read it Danny. It's right in front of your eyes.


i don't where u getting this from but the law does not apply to wildlife

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Frankie] #506697
01/18/13 01:58 PM
01/18/13 01:58 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
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Originally Posted By: Frankie
i don't where u getting this from but the law does not apply to wildlife


You've got to be freaking kidding me. You can't be THAT naive...


Quote:
§ 13A-11-246. Applicability.

This article shall not apply to any of the following persons or institutions:

(1) Academic and research enterprises that use dogs or cats for medical or pharmaceutical research or testing.

(2) Any owner of a dog or cat who euthanizes the dog or cat for humane purposes.

(3) Any person who kills a dog or cat found outside of the owned or rented property of the owner or custodian of the dog or cat when the dog or cat threatens immediate physical injury or is causing physical injury to any person, animal, bird, or silvicultural or agricultural industry.

(4) A person who shoots a dog or cat with a BB gun not capable of inflicting serious injury when the dog or cat is defecating or urinating on the person's property.

(5) A person who uses a training device, anti-bark collar, or an invisible fence on his or her own dog or cat or with permission of the owner.


That's straight from Alabama's Animal Cruelty statutes.

The statutes specifically apply to dogs and cats, but do NOT apply when a dog or cat is threatening another person, animal or bird. Period. That means you CANNOT be guilty of Animal Cruelty if you act against a dog who is chasing another animal. Therefore there is no law stopping you from shooting said dog. PERIOD.

Last edited by bamachem; 01/18/13 02:01 PM.

MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Frankie] #506698
01/18/13 01:58 PM
01/18/13 01:58 PM
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
longspur69 Offline
8 point
longspur69  Offline
8 point
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
Originally Posted By: Frankie
Originally Posted By: IDOT
Originally Posted By: Hogwild
A dog can't trespass in AL.


THE DOG, isn't trespassing. ( Get it )


The owner of the dog, is breaking § 3-1-5. article a and should be fined not less than $2.00 nor more than $50.00


you are not reading >>>


a person may not let their dog run at large off of their own premisis unless the dog is accompanying the owner!

it dose not state that the dog has to by his side


Frankie, if you went to court on this and that was your defense, you had better hope the judge is a dog hunter that hates still hunters.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506700
01/18/13 02:01 PM
01/18/13 02:01 PM
Joined: Apr 2000
Posts: 17,385
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
Old Mossy Horns
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Posts: 17,385
Elmore County
what site are u getting this from ????????/

you have posted nothing about what is a legal fence either .

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: Frankie] #506701
01/18/13 02:04 PM
01/18/13 02:04 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
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Originally Posted By: Frankie
what site are u getting this from ????????/

you have posted nothing about what is a legal fence either .


Getting WHAT from? The wording of the statutes?

Google... "CODE OF ALABAMA" You'll get THIS as one of the links.

Legal fence? Nobody even mentioned a legal fence... Where did you get that from? It's up to the dog owner to keep his dog on his own premises. Period. It's up to the owner on how to accomplish that, but it IS his legal responsibility!

Last edited by bamachem; 01/18/13 02:05 PM.

MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: IDOT] #506703
01/18/13 02:08 PM
01/18/13 02:08 PM
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Posts: 15,149
Fairhope
bamachem Offline OP
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Originally Posted By: IDOT

THE DOG, isn't trespassing. ( Get it )


The owner of the dog, is breaking § 3-1-5. article a and should be fined not less than $2.00 nor more than $50.00


The most important part is not the fine, but the fact that is is a misdemeanor. It is not a simple civil or criminal citation. It's something that would go on your record and follow you on every job application from here on out. Also, you must appear before a Judge, and I'd bet that he wouldn't like seeing you more than once!


MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506705
01/18/13 02:10 PM
01/18/13 02:10 PM
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Posts: 17,385
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
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Joined: Apr 2000
Posts: 17,385
Elmore County
Originally Posted By: bamachem
Originally Posted By: Frankie
what site are u getting this from ????????/

you have posted nothing about what is a legal fence either .


Getting WHAT from? The wording of the statutes?

Google... "CODE OF ALABAMA" You'll get THIS as one of the links.

Legal fence? Nobody even mentioned a legal fence... Where did you get that from? It's up to the dog owner to keep his dog on his own premises. Period. It's up to the owner on how to accomplish that, but it IS his legal responsibility!


hang ooooooon ,

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506706
01/18/13 02:10 PM
01/18/13 02:10 PM
Joined: Dec 2011
Posts: 1,749
Baldwin County, AL
longspur69 Offline
8 point
longspur69  Offline
8 point
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Posts: 1,749
Baldwin County, AL
Baldwin County Sheriff's Deputy pulled into my driveway a couple of years back asking if I had a GSP.

Me: Yes Sir.
Deputy: Well, the neighbor called and said it was in his yard this morning.
Me: Yes Sir; The battery went out on her underground collar last night, but I replaced it as soon as I realized she was out.
Deputy: Well, keep a check on it, because I'll have to charge you next time.
Me: Yes Sir.

Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: longspur69] #506715
01/18/13 02:21 PM
01/18/13 02:21 PM
Joined: Jun 2010
Posts: 2,236
Foley, AL
Vulkanman Offline
8 point
Vulkanman  Offline
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Posts: 2,236
Foley, AL
"Many dogs used by hunters in the pursuit of game animals accidentally become separated from their owners. Hunting dogs are very valuable to these hunters. It is generally illegal to kill or injure dogs which have intruded onto another's property."





From HERE.....


Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506718
01/18/13 02:27 PM
01/18/13 02:27 PM
Joined: Dec 2001
Posts: 15,149
Fairhope
bamachem Offline OP
Old Mossy Horns
bamachem  Offline OP
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Fairhope
I would say that the key word in that is "generally".

"Generally" you're not going to shoot a dog when he's in pursuit of a deer because both the dog and the deer are going to be moving pretty quickly.

"Generally" the dogs will stop and come to people when they get tired or lose their scent.

"Generally" that's when people have the opportunity to shoot a dog, and it just so happens that shooting a dog in that case would be illegal and subject to prosecution under the Animal Cruelty laws.


MOLON LABE
Re: Discussion: AL laws regarding Trespass of Hunting Dogs and legality of shooting them [Re: bamachem] #506720
01/18/13 02:27 PM
01/18/13 02:27 PM
Joined: Apr 2000
Posts: 17,385
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
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Elmore County
oooooooooooooooooook , since we just got to do this

Section 3-4-6
Liability of owner of animal breaking into lands not enclosed by lawful fence for trespass or damages; liability of person injuring or destroying such animal.

(a) If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor.

(b) If any person injures or destroys any such animal, he shall be liable to the owner for five times the amount of injury done, to be recovered before any court of competent jurisdiction.
(Code 1852, §1100; Code 1867, §1283; Code 1876, §1587; Code 1886, §1365; Code 1896, §2113; Code 1907, §4245; Code 1923, §7975; Code 1940, T. 3, §65.)

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