Trapper protection
#7029332
10/27/20 01:55 PM
10/27/20 01:55 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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I've heard from friends and people who teach the state trapping class that, "Trappers are protected."
Now where is this legal documentation? Does anyone have it?
My concern: There is a road running next to some of my property. I like to trap on the edges of that property. Hopefully no one's pet ever got caught in my traps as they were walking it. But if that did happen, what legality can trappers use to say: 1.) It's trapping season 2.) It's my property 3.) You're trespassing.
Now I do not have no-trespassing signs up because I find them antithetical to how humans should behave but I don't think that negates any legality with regard to trapping.
Thanks.
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Re: Trapper protection
[Re: nyhuntfish]
#7029341
10/27/20 02:02 PM
10/27/20 02:02 PM
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Joined: Dec 2009
Posts: 20,337 The Hill Country of Texas
Leftlane
"HOSS"
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"HOSS"
Joined: Dec 2009
Posts: 20,337
The Hill Country of Texas
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The lawyer couple in St Louis had a protected right to defend their home and their person but look what they are going thru.
I say signs are cheap insurance that might lesson your exposure in a time when public servants and the court system seem to now allow, in at least some cases, the prosecution and civil lawsuits aimed at protected freedoms.
JMO anyway
“What’s good for me may not be good for the weak minded.” Captain Gus McCrae- Texas Rangers
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Re: Trapper protection
[Re: nyhuntfish]
#7029379
10/27/20 02:28 PM
10/27/20 02:28 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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Thanks. I don't think the legality changes (someone correct me if I'm wrong) if I put up a sign. I have my traps marked with orange tape.
I was just wondering if there were some type of law
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Re: Trapper protection
[Re: Starcraft_Dart]
#7029414
10/27/20 02:51 PM
10/27/20 02:51 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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Why would you plan on trapping where you might catch somebody's pet? You should put some warning signs or posted signs up. I'm not. It's road, people take walks. Legitimate concern. Again I don't think NYS law changes if you use the signs or you don't.
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Re: Trapper protection
[Re: nyhuntfish]
#7029492
10/27/20 03:47 PM
10/27/20 03:47 PM
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Joined: Mar 2012
Posts: 4,324 AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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I'm under no obligation to protect anyone's dog. That responsibility is the dog owners. Which to me means you have the right to place traps anywhere you choose on your property without fear of government action against you.
Same way.I feel about masks.
formerly posting as white dog
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Re: Trapper protection
[Re: FairbanksLS]
#7029505
10/27/20 04:00 PM
10/27/20 04:00 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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I'm under no obligation to protect anyone's dog. That responsibility is the dog owners. Which to me means you have the right to place traps anywhere you choose on your property without fear of government action against you.
Same way.I feel about masks. That sounds like a good way to say it. That you "are under no obligation to protect someone's dog." Which is true. Thanks.
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Re: Trapper protection
[Re: nyhuntfish]
#7029508
10/27/20 04:04 PM
10/27/20 04:04 PM
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Joined: Jan 2014
Posts: 168 Henderson Kentucky
ksp291
trapper
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trapper
Joined: Jan 2014
Posts: 168
Henderson Kentucky
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In Kentucky we have a leash law. If the dog is off leash and gets caught in your trap it’s the owners problem.
2014-2015 season goals
Coon - 200 Fox - 15 Coyote- 30 Bobcat- 5 Muskrat - 100000000000 Otter - 10 Skunk - 0 Grinner - 1 seventy dollar grinner
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Re: Trapper protection
[Re: 330-Trapper]
#7029556
10/27/20 05:05 PM
10/27/20 05:05 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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THIS POST WILL YEALD NO Answers that the OP will agree on.
Just saying I don't understand what you wrote.
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Re: Trapper protection
[Re: nyhuntfish]
#7029578
10/27/20 05:28 PM
10/27/20 05:28 PM
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Joined: Jan 2007
Posts: 3,960 Northern Nevada
Bob
trapper
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trapper
Joined: Jan 2007
Posts: 3,960
Northern Nevada
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You should look up the legal statutes for your state. I know that here People are legally allowed to be on private property unless you have signs up or painted fence posts in certain places on a fence, or locked gates, or have warned a person to keep off the property.
You need to research liability laws for private property and signage laws pertaining to trespassing for your particular state and that will give you a definitive answer, or at least a basis on which to defend yourself should a situation arise.
"I have two guns, one for each of ya."
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Re: Trapper protection
[Re: 330-Trapper]
#7029588
10/27/20 05:41 PM
10/27/20 05:41 PM
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Joined: Dec 2009
Posts: 20,337 The Hill Country of Texas
Leftlane
"HOSS"
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"HOSS"
Joined: Dec 2009
Posts: 20,337
The Hill Country of Texas
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THIS POST WILL YEALD NO Answers that the OP will agree on. Just saying No doubt about it- none
“What’s good for me may not be good for the weak minded.” Captain Gus McCrae- Texas Rangers
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Re: Trapper protection
[Re: Leftlane]
#7029598
10/27/20 05:53 PM
10/27/20 05:53 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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THIS POST WILL YEALD NO Answers that the OP will agree on. Just saying No doubt about it- noneI have no idea what this means. I asked a simple question which to date no one has answered. I even thanked multiple people for their answer where it applied.
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Re: Trapper protection
[Re: Cragar]
#7029631
10/27/20 06:30 PM
10/27/20 06:30 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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From NY DEC website -
Similar to most hunter harrassment laws. I read that earlier, thanks. I still stand behind my question. Maybe I'll ask the lawyer for the NYS Trappers Assoc. I think they have one. I'm looking for that "protection" people have told me about. Is it written down somewhere? This is not a crazy question. I just wanted to know if it existed.
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Re: Trapper protection
[Re: nyhuntfish]
#7029654
10/27/20 06:50 PM
10/27/20 06:50 PM
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Joined: Feb 2007
Posts: 5,436 New York border
Cragar
trapper
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trapper
Joined: Feb 2007
Posts: 5,436
New York border
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Your 'protection' is your right to trap , legally.
The NY state conservation officers will help you protect that right. Nothing more. If you are following all good BMP' s and following the law to the letter in good faith, your local C.O. will have your back mostly.
If someone's dog violates a leash law and ends up in one of your traps , I bet they can still sue even if the owner is in the wrong. If the owner of the dog destroys the trap and finds other ones and does the same , they may have a issue with your local C.O. and face legal actions by the state against them but can probably still sue you. However when you go to court the C.O. may get called in to testify in your behalf as to the fact you have violated no laws or BMP's. This makes the lawsuit against you much harder to prove malice on your behalf.
Just like a burglar can sue you after breaking into your house. Burglar completely in the wrong , but some have actually gotten a settlement for this.
NRA benefactor member
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Re: Trapper protection
[Re: nyhuntfish]
#7029658
10/27/20 06:54 PM
10/27/20 06:54 PM
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Joined: Dec 2006
Posts: 20,086 SEPA
Lugnut
trapper
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trapper
Joined: Dec 2006
Posts: 20,086
SEPA
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I don’t know that there is any law or regulation that specifically protects a trapper. I do believe there are laws that protect anybody engaged in legal activity from being sued by folks who sustained injury while engaged in illegal activity. Then again, I guess anybody can sue anybody else for anything.
I trap in an area where people seem to think they can walk their dogs down any old Farm Lane they want without even knowing who the owner of the property is. This has led to several non-target catches. Two of them in the last two years where the owners threatened to sue me.
In one case the owner of the non-target knew the traps were there and walked the dog into them anyhow. He stole my traps and left me a nasty letter saying I was going to pay the vet bills and he was calling the state police and the Pennsylvania game commission. I left him a note and suggested that he use the trapper identification number on the tags attached to the traps he stole when he reported this to the PGC.
The idiot did it and I ended up successfully prosecuting him for trap tampering and theft. His threat about me paying the veterinary bills was an empty threat. He never went to a vet, the dog was not injured.
In the second case a husband and wife were trespassing on a farm and the dog got caught. She could not release him and got bit trying so she went and got her hubby. He could not release him and also got bit trying. They pulled the stake and took the whole thing to a vet who pushed down on the levers, released the dog and charged them a hefty after hours fee.
They called the PGC and threatened to sue me. The officers went to their house, recovered my trap and then went to see the landowner. He told them the dog walkers had no business on his property and I did. The landowner told the officers I had permission to trap there and had been doing so for 15 years.
The officers went back to the dog walkers house and told them that they were not going to press charges this time but that they should keep off the property. Then they came to my house and returned my traps and told me the whole story.
So, from my perspective, if you are doing nothing illegal, you have nothing to worry about.
Edit: I am aware of the no non-target catch rule. But it was necessary to make my point. If the boss or the mods think it is inappropriate, please remove.
Last edited by Lugnut; 10/27/20 08:08 PM.
Eh...wot?
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Re: Trapper protection
[Re: nyhuntfish]
#7029669
10/27/20 07:07 PM
10/27/20 07:07 PM
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Joined: Jan 2018
Posts: 1,100 New York
nyhuntfish
OP
trapper
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OP
trapper
Joined: Jan 2018
Posts: 1,100
New York
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Thanks! Great help.
Yes I still want to see something in writing. I think it should be there and I'm going to see it out I think at some point.
Everything I'm doing is legal. I just like to have legal ammunition in case I need it. I do this with everything in life and I think it's a good way to operate.
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Re: Trapper protection
[Re: nyhuntfish]
#7029742
10/27/20 07:57 PM
10/27/20 07:57 PM
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Joined: Dec 2006
Posts: 5,717 Williamsport, Pa.
jk
trapper
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trapper
Joined: Dec 2006
Posts: 5,717
Williamsport, Pa.
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I trap in NY and there is a law about being 100 feet from Road some where in the law book. I do not have a book now to look at.......jk
Free people are not equal. Equal people are not free. What's supposed to be ain't always is. Hopper Hunter
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Re: Trapper protection
[Re: nyhuntfish]
#7029862
10/27/20 09:13 PM
10/27/20 09:13 PM
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Joined: Jan 2007
Posts: 3,960 Northern Nevada
Bob
trapper
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trapper
Joined: Jan 2007
Posts: 3,960
Northern Nevada
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Jk Nevada has a similar law, but it’s 200 feet and doesn’t apply to privately owned land.
"I have two guns, one for each of ya."
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