< Back to the Main Site

Author Topic: Hitting an animal within city limits  (Read 3124 times)

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Hitting an animal within city limits
« on: November 29, 2012, 11:09:22 PM »
Hypothetical situation.

So, lets say I'm driving within Omaha, Bellevue, or wherever... and I happen to strike a deer with my vehicle.

Lets continue with it, and the animal is laying / flailing around suffering on the ground.

Do I discharge my firearm to put the poor thing out of it's misery ?

I'm within city limits... so.. I'd say no ?  This seems really cruel.

What am I supposed to do ?
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline NebraskaGunner

  • NFOA Full Member
  • **
  • Join Date: Mar 2012
  • Location: Bellevue
  • Posts: 46
Re: Hitting an animal within city limits
« Reply #1 on: November 30, 2012, 01:16:48 AM »

What am I supposed to do ?


Does your hypothetical car have reverse?

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Re: Hitting an animal within city limits
« Reply #2 on: November 30, 2012, 01:18:01 AM »
Does your hypothetical car have reverse?


Well yes, but leaving a poor animal suffering aint kosher.
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline cckyle

  • NFOA Full Member
  • **
  • Join Date: Jul 2012
  • Posts: 123
  • KD0MKS
Re: Hitting an animal within city limits
« Reply #3 on: November 30, 2012, 01:19:20 AM »
Not sure but I'll chime in anyways.  I would say no if you are in city limits and somewhere likely to get attention.  If you had a decent knife with you, you could cut the carotid, although that could be dangerous too depending on the situation.  Otherwise you could call LEO, I think they would likely shoot it if it was still alive when they arrived.  Or maybe they would call animal control and let have them take care of it not sure. 
Another thing I wonder, if you were to shoot it, or put it down with a knife; if you didn't have a hunting license or out of season, could you get ticketed for that?   

Offline 00BUCK

  • Powder Benefactor
  • *
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 510
Re: Hitting an animal within city limits
« Reply #4 on: November 30, 2012, 01:52:47 AM »
Sucky situation but your only real option would be to call the police to report the accident and inform them that the deer is still alive and suffering. If the popo decides to dispatch the animal they would be doing so in the line of duty. If you do it there is a litany of charges they could (and most likely would) level on you. Firing a weapon in city limits, killing a deer without a permit, reckless discharge, reckless endangerment - all depends on the cop. Way too big of a risk to take IMO.

Offline bullit

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 2143
Re: Hitting an animal within city limits
« Reply #5 on: November 30, 2012, 06:24:53 AM »
Ask Honey Boo Boo.......

Offline sjwsti

  • NFOA Full Member
  • **
  • Join Date: Oct 2009
  • Posts: 541
Re: Hitting an animal within city limits
« Reply #6 on: November 30, 2012, 08:51:00 AM »
Know a coworker who had this happen. He used a knife to put it down and didnt get any grief from responding LE.

- Shawn
"It's not what you know that will get you into trouble; it's what you know that isn't true"

www.88tactical.com

Offline NE Bull

  • 2011 NFOA Firearm Rights Champion Award winner
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Location: Lincoln, NE
  • Posts: 3501
    • A "friend's" blog
Re: Hitting an animal within city limits
« Reply #7 on: November 30, 2012, 09:15:47 AM »

Was told in daughter's Hunter Safety class that it is best to call LEO (in that case they were talking about Game Warden) and that they may instruct you to put it down, or respond themselves depending on situation, location, distance, etc.  Based on that little tidbit, I would contact Local Law Enforcement and ask them how they would like to proceed at that point.  If it is (certain) OPD, odds are they would be eager to come shoot something (Ref: recent dog incident ;) )
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline NebraskaGunner

  • NFOA Full Member
  • **
  • Join Date: Mar 2012
  • Location: Bellevue
  • Posts: 46
Re: Hitting an animal within city limits
« Reply #8 on: November 30, 2012, 10:16:53 AM »

Well yes, but leaving a poor animal suffering aint kosher.


I think you missed what I was insinuating.
Anyhow I think the other members have the correct answer, call the police.  They will send an officer (game warden, or other qualified member) out to finish the job you started.  I highly doubt they would tell you to do it over the phone. That's asking for a possible lawsuit on their end.   
« Last Edit: November 30, 2012, 10:19:39 AM by NebraskaGunner »

Offline UPCrawfish

  • NFOA Full Member
  • **
  • Join Date: Apr 2012
  • Location: Omaha
  • Posts: 379
Re: Hitting an animal within city limits
« Reply #9 on: November 30, 2012, 10:50:02 AM »
If you strike the deer or encounter a deer that has been struck within city limits and is obviously unable to escape, move or recover - call the local LEO entity. 

Obviously, the 'city' in which this occurs will be a factor in what happens after that. 

If in Omaha, let the responding officer control the actions.  If he uses his firearm to dispatch the animal, there is likely a pile of paperwork for him to fill out.  Once he is on scene and you advise him that you are a CHL holder or have a firearm in the vehicle and will do the deed for him, he will probably take you up on it. If he agrees, please be sure that you are exercising every safety aspect of the shoot. Protect from ricochet and fragmentation. Then you can contact the NGP and get a salvage tag, even if it is outside the seasonal limits.

In a more rural setting rules may be more lax. The local sheriff may tell you to shoot, contact NGP and remove the deer.   He may also come out and do the deed himself and claim the deer for local food bank.

The use of a blade to dispatch the wounded animal would not require the calling of a local LEO unless there is need for a police accident report to be filed for vehicle damages.  If you do not have damage and use your blade, you would still need to call the NGP to advise of the circumstances and disposition.

Offline RLMoeller

  • Sponsor- NFOA Firearm Raffle at the 2009 Big Buck Classic. 2010 Firearm Rights Champion Award winner
  • NFOA Full Member
  • **
  • Join Date: Jun 2009
  • Location: La Vista, NE
  • Posts: 3058
Re: Hitting an animal within city limits
« Reply #10 on: November 30, 2012, 11:05:40 AM »
The only thing I can add to the excellent response from UPCrawfish is to say that many Sheriff deputies may have salvage tags they can issue without the need to contact NGP.  Not sure if that is standard for every LE agency, but have seen them with Sarpy Co Sheriff deputies. 

Offline AAllen

  • NFOA Co-Founder
  • *****
  • Join Date: Dec 2008
  • Posts: 4275
Re: Hitting an animal within city limits
« Reply #11 on: November 30, 2012, 11:35:01 AM »
Rod is correct on the salvage tags at least in rural areas where these are a regular occurrence the deputies carry salvage tags for this purpose.  If you do not want the deer the are supposed to contact a local food bank etc. and arrange for the transport and disposition.  If you are in a metropolitan area the police most likely do not carry the tags but can make a radio call and get one, they are around.  In at least Omaha I am fairly certain the police will want to do the dispatching themselves for liability reasons, they would be liable if they gave you permission to do so if anything went wrong.

Using a knife to dispatch a wounded animal is highly dangerous.  I would recommend extreme caution.  I have seen a guy that got the s*** kicked out of him by a deer he thought was unable to do anything.  The deer had a broken pelvis and could not run away but it wanted to fight to the death.

Offline SemperFiGuy

  • Steel Benefactor
  • *
  • Join Date: Apr 2009
  • Location: Omaha, NE
  • Posts: 2079
  • GG Grampaw Wuz a DamYankee Cavalryman
Re: Hitting an animal within city limits
« Reply #12 on: November 30, 2012, 01:32:46 PM »
This Story Brings Back a Haunting Hunting Memory

I once shot a doe in the spine with a muzzleloader.   Back legs wouldn't work.   She "stood" on her front legs.   Didn't want to blow another hole in her.

Used a SOG Trident Tanto to cut her throat.   Creepiest feeling in the world to see those bright, clear eyes glaze over into emptiness.

I'm not a squeamish kind of guy.   In fact, somewhat otherwise.

But....I'll never do it again.

sfg
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer

Offline bullit

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 2143
Re: Hitting an animal within city limits
« Reply #13 on: November 30, 2012, 01:46:57 PM »
SFG... the Recon Marine in you coming out there buddy.....

Offline SemperFiGuy

  • Steel Benefactor
  • *
  • Join Date: Apr 2009
  • Location: Omaha, NE
  • Posts: 2079
  • GG Grampaw Wuz a DamYankee Cavalryman
Re: Hitting an animal within city limits
« Reply #14 on: November 30, 2012, 01:55:14 PM »
Seemed like a Good Idea at the Time.

sfg
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer

Offline greg58

  • Lead Benefactor
  • **
  • Join Date: Apr 2009
  • Location: Valley NE
  • Posts: 2803
Re: Hitting an animal within city limits
« Reply #15 on: November 30, 2012, 03:24:15 PM »
As a Volunteer FF/EMT we responded to a Buck vs SUV accident on a major highway near our town, I think it was in the City limits or just outside at best. The poor creature was stuck under the vehicle flailing about and obviously suffering. We tried rolling the vehicle back but this just made him madder, and we were afriad he might injure one of us if we freed him. So the local law enforcement took over, they stopped traffic, cleared all of us away a safe distance, and one of them dispatched the deer with his Glock. I remember that our patient was quite worried about what was to happen to the deer, so we waited till the squad & patient had left the scene. I know there was talk of calling someone to salvage the venison, but I don't know if that ever happened.

Greg58
Pants Up!  Don't Loot!

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Re: Hitting an animal within city limits
« Reply #16 on: November 30, 2012, 10:01:30 PM »
Seen what deer can do to a man, no interest in trying to jump on it with a knife.

So, call LEO / NGP and follow instructions.  Can do! Sucks to leave animal suffering while waiting for someone to arrive, but laws are laws :(.

Thanks guys!
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline maanbr

  • NFOA Full Member
  • **
  • Join Date: Jan 2009
  • Posts: 121
Re: Hitting an animal within city limits
« Reply #17 on: January 09, 2013, 06:09:49 PM »
I'm late to this party but I'll chime in as I just saw this.  Notice the last sentence in this paragraph.  It is up to the responding LEO to dispatch the animal.  It is unlawful to shoot from or across the road in Nebraska, and even if its not on the road you would be on somebody elses property so technically it is trespass, so if you shot an injured deer from a vehicle collision it would have been illegally shot and doesn't even take into account if you have a deer permit to harvest a deer.  They will issue you a salvage permit or you can claim one from the NGPC if you want to claim the deer.  I once talked to a Conservation officer about carrying a handgun during firearm season and dispatching deer with a sidearm.  Legally the handgun you dispatch the deer with has to meet the firearms restrictions for that hunting season.  So that means mag capacity, ft/lbs etc.

Per the Game and Parks:
A person who accidentally kills a deer, antelope or elk with a motor vehicle may field dress and take possession of the animal at the time of the accident and take it to his or her residence. The person must notify the Game and Parks Commission within 24 hours of the time the carcass is picked up and before the animal is processed so a conservation officer or designee may issue the person a salvage permit. Meat from these animals may be possessed for 90 days after salvage permit is issued. It is unlawful to sell or trade any meat from a salvaged carcass. An individual may possess only one road-killed carcass at any one time and must have a salvage permit for the carcass in his or her possession. It is illegal to possess a deer or antelope carcass that bears evidence of being shot illegally.


A personal story of inside city limits.  I saw a buck that was obviously injured from a vehicle strike between 180th and 192 and Maple a few years back after Omaha annexed Elkhorn.  I wanted to claim the deer but with him still alive I contacted OPD.  They didn't have an officer available.  I called DCSD and got the run around.  They directed me to the humane society who was absolutely no help. Overall it was about 20-30 minutes or so watching this deer suffer and he eventually drug himself into some trees through a corn field onto private property.  Its not great to watch an animal suffer like this but it is not worth the legal troubles that could come of it.

Basically, don't shoot the deer!

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Re: Hitting an animal within city limits
« Reply #18 on: January 09, 2013, 10:59:55 PM »
:(

See, that last paragraph story is what I'm hoping to evade :(.

Guess it might just have to be a sad fact to have to watch :(
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D