Family in Marshfield may face hunter interference charges.

[Garden12]

Three members of a Marshfield family who allegedly used an air horn to scare away ducks and made threats toward hunters in a no-hunting area could face criminal charges, the town’s police chief said.
Chief Phil Tavares said police are seeking a clerk magistrate hearing to determine whether there is probable cause to charge the family members with three counts of hunter interference and two counts of threatening to commit a crime.

Seems like a weird case to be honest. The hunters were hunting on a no-hunting area, but the land wasn't posted no hunting. It was public property though. Nevertheless, a family started harassing them, and used a air horn to scare the ducks away. Also made threats towards the hunters. I don't know if the Marshfield Chief is a good guy regarding 2a rights, but at least he is sticking up for hunters.


http://www.patriotledger.com/topsto...ace-hunter-interference-charges#ixzz2nAlULgW7

 

[whacko]

If they were hunting on a "no hunting" area and the family blew the air horn to scare the ducks away this will be interesting to say the least! Can't see a hunter harrasment charge being brought up agains them if the hunters were on prohibited land. However if they were on permitted land the hunter harrasment charges should go through without any issue.

Criminal threatening on the other hand......even if the hunters were on prohibbited land can't say the family can get away with criminal threatening....just call the boys in green.

 

[edhead35]

I would think the family committing a crime is a still a crime, even if the hunters themselves were committing one. It's like retaliating and vandalizing a vandal's house. You are still guilty yourself.

 

[Trackrat]

The article says the land wasn't posted so there was no way for hunters to know they were illegal at the time. Harassment is still harassment regardless. ...

 

[cockpitbob]

I'm sure the MA laws are written stupidly. They probably state it is illegal to interfere with someone in the act of hunting and don't make exemptions for illegal hunting.

 

[GhostArcher]

Something tells me that this family is not too smart....
Why would someone purposely harass another person andmake threats towards them when they clearly have a loaded shotgun in their possession? Lol.

Not that he would fire upon them, but he has the means to do it, threaten him enough and he has the motive to end that threat.
Not too bright of a family in my opinion.

 

[W.E.C]

former duck hunting residents of careswell st.

http://www.winslowhouse.org/the-winslows/

tis not a crime if the land was not posted.

 

[whacko]

I would think the family committing a crime is a still a crime, even if the hunters themselves were committing one. It's like retaliating and vandalizing a vandal's house. You are still guilty yourself.

You make a valid point!

 

[Pete85]

Seems like a weird case to be honest. The hunters were hunting on a no-hunting area, but the land wasn't posted no hunting. It was public property though. Nevertheless, a family started harassing them, and used a air horn to scare the ducks away. Also made threats towards the hunters. I don't know if the Marshfield Chief is a good guy regarding 2a rights, but at least he is sticking up for hunters.


http://www.patriotledger.com/topsto...ace-hunter-interference-charges#ixzz2nAlULgW7

The land is owned by the Wildlands Trust of Southeastern Massachusetts, which allows public recreation, but not permitted hunting, on the property, Tavares said.

“But they did not post it properly for no hunting, so there was no way to enforce it,” he said. “The trust has since given authority for the land to be posted, so it is now illegal and enforceable.”

It wasn't posted at the time. MA hunting regulations specifically prohibit hunting on posted land without permission. The trust that owns the land may have said they didn't want hunting, but since it wasn't posted, it was not illegal to hunt there (as long as it was more than 500 feet from a dwelling and more than 150 feet from a road).

http://www.eregulations.com/massachusetts/huntingandfishing/hunting-prohibitions/

 

[RustyD]

http://www.patriotledger.com/topsto...ace-hunter-interference-charges#ixzz2nAo3Z5AT

Land is posted now. Thats Dam Wildlands Trust buys land for public uses then posts it. They are now treaming up w/ MDF&W and should open up future purchased lands.

 

[Garden12]

It wasn't posted at the time. MA hunting regulations specifically prohibit hunting on posted land without permission. The trust that owns the land may have said they didn't want hunting, but since it wasn't posted, it was not illegal to hunt there (as long as it was more than 500 feet from a dwelling and more than 150 feet from a road).

http://www.eregulations.com/massachusetts/huntingandfishing/hunting-prohibitions/

Totally agree. You explained it better than I did. If I was in a similar situation as the hunters, I would've done the exact same thing they did.. hunt it. If the family had a problem they should've taken it up with the state or town, not harass the hunters and threaten them.

 

[mremski]

If the hunters are standing on non posted land but the ducks are on water or flying over posted land can they take a shot?

 

[terraformer]

The locals may want to follow this case closely. You will likely find it gets dismissed.

 

[MisterHappy]

If the hunters are standing on non posted land but the ducks are on water or flying over posted land can they take a shot?

Well, that's interesting. I'd say that it would be unethical, as if the bird were to fall on the posted land, you would be trespassing to retrieve it.

 

[jtnf]

The property in question is labeled "quasi-public" in the official map:
http://www.townofmarshfield.org/Collateral/Documents/English-US/conservation/Conservation Map.pdf

 

[ISOTOX]

Damn I tripped and fell Officer and my gun went off ... that horn scared me as I quickly turned and Boom!...not sure what direction the face went in but the head rolled that way.

 

[01SVTvert]

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

 

[exo]

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

 

[terraformer]

The locals may want to follow this case closely. You will likely find it gets dismissed.

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

Of course they did...

 

[Johnny English]

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

She sent him off to talk to them in their field of fire while, it seems, the hunters must have been keeping up a steady barrage for it to be raining non-lead birdshot???

There's an anti really thinking of the children.

 

[M1911]

The property in question is labeled "quasi-public" in the official map:
http://www.townofmarshfield.org/Collateral/Documents/English-US/conservation/Conservation Map.pdf

"Quasi-public"? What the heck does that mean?

 

[Johnny English]

"Quasi-public"? What the heck does that mean?

Someone must have a hunch.

 

[Madgan]

Privately owned land with rights granted for public use

 

[el duderino]

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

[bs1] That may be one of the dumbest things ive heard in a while.. 'raining buckshot', how big were the ducks they were hunting?

 

[jtnf]

[bs1] That may be one of the dumbest things ive heard in a while.. 'raining buckshot', how big were the ducks they were hunting?

 

[GhostArcher]

Made channel 7. Interviewed the mother and made them look like victims. She mentioned that buckshot was raining down on her son when he went to go talk to the hunters...........

Must be some big ass birds to be using buckshot to hunt with!

- - - Updated - - -

[bs1] That may be one of the dumbest things ive heard in a while.. 'raining buckshot', how big were the ducks they were hunting?

Damn! Best me to it!

 

[mremski]

Well, that's interesting. I'd say that it would be unethical, as if the bird were to fall on the posted land, you would be trespassing to retrieve it.

But that's why you bring a dog. "Sorry Ossifer, but my dog decided to run off and came back with this bird in his mouth. Good dog (fetch). Crap, he did it again."

The ethical hunter would retrieve the dead bird rather than leave for the children to find, wouldn't he?

As an acillary question, hunting on non-posted land, get a hit on game, game runs onto posted land. Blood trail proves origin on non posted land, one should be allowed to retrieve game, no?

 

[Winchester73]

But that's why you bring a dog. "Sorry Ossifer, but my dog decided to run off and came back with this bird in his mouth. Good dog (fetch). Crap, he did it again."

The ethical hunter would retrieve the dead bird rather than leave for the children to find, wouldn't he?

As an acillary question, hunting on non-posted land, get a hit on game, game runs onto posted land. Blood trail proves origin on non posted land, one should be allowed to retrieve game, no?

A game warden may enter and retrieve game that has run on to posted property and then expired.

 

[whacko]

But that's why you bring a dog. "Sorry Ossifer, but my dog decided to run off and came back with this bird in his mouth. Good dog (fetch). Crap, he did it again."

The ethical hunter would retrieve the dead bird rather than leave for the children to find, wouldn't he?

As an acillary question, hunting on non-posted land, get a hit on game, game runs onto posted land. Blood trail proves origin on non posted land, one should be allowed to retrieve game, no?

That is why you should have the boys in green on speed dial. Call them.....they will help you retreive.

 

[jason6]

"Hunting is not allowed in the area, but the restriction was not posted."

Is this not an oxymoron? (EDIT: Contradiction?)

FIFY:

Hunting is allowed in the area, because the restriction was not posted.