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Discussion Starter · #1 ·
This is one of those technical questions that I would like to know the answer to. I would really appreciate not getting any post of "we don't want to promote trespassing" or "Ghee Seth, if it's posted why don't you just stay off". I'm asking this not because I plan on trespassing or because I want to promote trespassing.

A local gun club enters into agreements with land owners where they will agree to post the owners property in exchange for the landowner having full use of the gun club's facility. Shooting ranges, skeet and trap houses, IPSC shooting courses, 3D archery course, ect. Of course, the land owner agrees to allow any gun club member the right to hunt on his land. The landowner can also allow anyone else of his choosing to hunt his land.

Now, if one of these club members are hunting and happens upon another individual who they believe or even know is trespassing, is it legal for them to call the police and turn them in? I'm going to guess "yes" because I'm (again) going to guess that the agreement between the club and the landowner is some type of land\lease.

Now, my second question is my neighbor has told me that no one is allowed to hunt his property, which is adjacent to mine. I have told him that should I see anyone on "my end" (as he cannot see that part unless he hikes down there) of his property, I would ask them to leave and if they don't , I would call the police for trespassing. But, can I legally do this since I am not the landowner?

Again, I am looking for the technically correct answer here. I am fully aware of the correct practical answer.

I really appreciate your response's.

SW
 

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You will get a proper answer from one of the WCO's that are on here.

As one that leases land for hunting, I have the right, as do my members, to throw trespassers off and prosecute.
 

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Discussion Starter · #4 ·
Yeah. Well, I'm asking two different questions here. I guess the club facility use\land use may be considered a land lease. You know....like a "barter". But instead of money....it's the exchange of the use of land for the use of....well, the club "stuff".

On the second question about my neighbor, I figure that's pretty straight forward. But, if I call 911 I'm gonna bet (maybe not....but maybe so) they are going to ask if I own the property or lease the property. And I'm not going to lie to them and tell them I own it or lease it.

SW
 

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Discussion Starter · #6 ·
ICAREDOYOU said:
If I am not mistaken, the only time a WCO will get involved in a tresspassing charge is if there is a game law violation.
Yeah, I agree with this as I read that post the other day. But, that's not what I'm asking.

What I'm asking is who can make "the call" to the police to report a trespasser? If your not leasing the land, or own the land, but the land owner has told you no one is allowed to hunt the land, can you make the call? (That's my #2 question)

Then my first question....well....not to confuse this or type it again, but just look at the gun club\property posting question.

Thanks

SW
 

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I was just posting that because the WCOs on here might not get into the tresspassing issue much and you might be better off to ask a lawer about this one, not a WCO. Not getting smart, just saying.
 

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Discussion Starter · #8 ·
Thanks. I appreciate your post. I don't know any lawyers...or I should say I don't know any that will give me an answer for "free."

And if I have to part with a few hundred, I'd rather spend it on important stuff....like hunting related "stuff."


SW
 

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I feel that you are going to have a hard time finding the CORRECT answer on here. But when you do find it PLEASE post on here so we too will know. Good luck.
 

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Most cops refuse to get involved in trespassing unless the report is from (1) the owner (2) a tenant or (3) an employee or agent of the owner. In many areas they don't want to get involved anyway.

Anybody can report a trespasser. I can report a speeder on the road, that doesn't mean they LEO's will do anything.

If your neighbor says report them, you are his authorized agent for that task. If a club memeber, whose club negotiatedd for hunting rights sees a trespasser, that trespasser is "stealing" rights the member's dues pay for. Same as a tenant, who pays for hunting rights in a lease.
 

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Re: Who "can" report a tresspasser?

If you are not a person who has the authority to grant of forbid trespass I doubt the police would even respond because they would have no way of knowing if indeed there was a trespass based on hearsay. For you to tell the police "I know the owner or lessee didn't give that guy permission to trespass", isn't going to result in anything happening because they are not ging to then find the person in authority to verify.
 

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Discussion Starter · #12 ·
Thanks John. That makes sense. I was wondering how or why any police officer would believe me if I told them "I know". Heck, for all I know the guy could have changed his mind last night and gave permission for someone to hunt the property and simply not told me.

Now, for the gun club postings, that may or may not be a little more fuzzy. However you have answered my question.

Thanks.

Sw
 

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To add to John S's comment; you'd have to have something from the landowner which gives you the authority to throw people off as a "caretaker" and institute the legal proceedings in the event of trespass. If you can't call the cops and say you have this authority, then there is no victim willing to complain and they probably wouldn't respond.
 

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Discussion Starter · #14 ·
Beartrppr,

I believe I hear what you are saying. Because if I call and just say I have authority, why would they just believe me?

I would have to show them a valid signed document.
 
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