LA Hunter Killed in MS

I want you guys opinions on this. It was a private club and the 2 guys knew each other but weren't hunting together. Both over 50. One guy gets out of stand and leaves his orange in the stand. As he's walking the other guy shoots and kills him.

I've read on other boards folks saying the gentlemen who didn't wear his orange made a big mistake. I think the guy that shot made a bigger one. I feel like if you are a sportsman, it is s privilege and not a right. To maintain that privilege you need to obey certain guidelines. If you can't see well enough in the woods to determine what it is you're shooting, you don't take the shot. At a minimum I think the shooter should have his hunting privlages revoked for life and he should get sued for wrongful death. I Can't decide if I think he should be charged criminally.

I know if I run over someone in my boat, even if it's an accident, I could be held responsible for my negligence. What do you guys think? Am I overrreacting or is shooting a person while deer hunting inexcusable?

There's plenty of blame to go around, but I think you shouldn't shoot at things you can't clearly identify.

Stuff like this is why I don't hunt anymore.

You are 100% correct. Anyone who hunts should know that you never pull the trigger unless you are sure of your target. Even my 9 year old knows this. Hell, he won't even put his finger on the trigger until he is sure of his target.

People forget to wear their orange all the time, especially on private land. Yes, it is a big mistake but there is no comparison for which mistake is greater.

Do yall think he should get criminally prosecuted? If I don't see a stop sign, run it and hit a pedestrian, I'm pretty sure I'd get charged with manslaughter.

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Originally Posted by BeastMan

Do yall think he should get criminally prosecuted? If I don't see a stop sign, run it and hit a pedestrian, I'm pretty sure I'd get charged with manslaughter.

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No you wouldn't, not unless there was some aggravating factor like drinking and driving or texting and driving that takes it out of the realm of ordinary negligence. That's a lot different from this though. This guy took a shot without knowing what he was shooting at (provided it wasn't some crazy scenario where he was shooting at something he could see and hit the hunter behind it when he missed, which would be hard to do with a safe shot from a stand). That's reckless enough that it might arise to manslaughter. He could have been shooting a bear or mountain lion for all he knew. i think he certainly would have been charged if he had recklessly shot an endangered animal. I don't know if he'll be prosecuted but it seems crazy that a dumb shot that killed a protected animal would result in prosecution but one that killed a man wouldn't.

If he's sued civilly, he will lose. The only question is whether not wearing the orange would reduce the damages he has to pay. I suspect it will by a very minor amount. As people have said, not wearing orange is dumb, but it's not even in the same ballpark as taking a shot at an 'animal' when you don't know what you're shooting at.

I don't know. It's a tough situation for me to try to judge.

Several years ago, a few of my dad's friends went rabbit hunting. One friend shoots another friend in the face permanently blinding him in both eyes. If I remember correctly, the shooting was ruled an accident and no criminal charges were filed.

On the other hand, I think it's very hard to tell a widow that someone accidentally shot blindly into the woods and killed your husband.

Tough situation.

I would like to know what the law actually says and how it applies to this situation.

It blows my mind every time I read about another one of these incidents. Of course it's a good idea to wear orange, but YOU HAVE TO KNOW WHAT YOU ARE SHOOTING.

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Originally Posted by MSUDawg4Life

I don't know. It's a tough situation for me to try to judge.

Several years ago, a few of my dad's friends went rabbit hunting. One friend shoots another friend in the face permanently blinding him in both eyes. If I remember correctly, the shooting was ruled an accident and no criminal charges were filed.

On the other hand, I think it's very hard to tell a widow that someone accidentally shot blindly into the woods and killed your husband.

Tough situation.

I would like to know what the law actually says and how it applies to this situation.

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Big difference between something like rabbit or bird hunting, where you can make a mistake because you are reacting and shooting quickly versus deer hunting.

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Originally Posted by Johnson85

Big difference between something like rabbit or bird hunting, where you can make a mistake because you are reacting and shooting quickly versus deer hunting.

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Well, there are safety rules that apply to that type of hunting too. Break the rules and somebody gets hurt.

The question is whether breaking those safety rules amounts to an accident or negligence.

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Originally Posted by MSUDawg4Life

Well, there are safety rules that apply to that type of hunting too. Break the rules and somebody gets hurt.

The question is whether breaking those safety rules amounts to an accident or negligence.

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It almost certainly amounts to negligence. You owe extreme care in something like a bird hunt where you are walking with a gun next to other hunters and shooting quickly. The only exception would be if something like a dog jumps into you or you step into a hole that was completely covered with grass; maybe then it wouldn't be negligence.

But the average accident in something like a pheasant hunt probably doesn't rise to a criminal matter, whereas the deer hunting accident where a hunter intentionally shoots at something he can't identify, that seems like it would likely be so reckless, it would rise to a criminal matter.

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Originally Posted by MSUDawg4Life

There's plenty of blame to go around, but I think you shouldn't shoot at things you can't clearly identify.

Stuff like this is why I don't hunt anymore.

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THIS^^^I love hunting and both were wrong. Know the stupidity of your fellow hunters, and never take off your orange. Never shoot unless you can CLEARLY see your target. That fool needs to be able to tell if it is a Doe or Buck and count points before shooting. Short story. I was in a hunting camp and A guy said he heard movement in some bushes and shot. I walked over and backhanded him out of his chair, and told him that could of been any one of us. I make if a point of never hunting public land due to the stupidity of some people. THE MORE I TYPE THE MADDER I GET AT THAT SHOOTER.

Firing at an unidentifiable target is THE most egregious and irresponsible act of any hunter. Not wearing orange is also irresponsible, dumb and against the law. But it doesn't compare to the other act. What's strange is, I'm not sure there is actually a law on the books regarding identifying your target while in the field but you can receive a violation for failure to wear the correct amount of hunter orange.

I will be 72 the day after Christmas. When I was around 14/16 i nearly shot a man who was already a Doctor while duck hunting. the ducks had already gotten near the water and he was across from me. I saw him not to long ago and brought that incident up. He and I both have never forgotten it. Thank God I did not kill him.

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Originally Posted by Percho

I will be 72 the day after Christmas. When I was around 14/16 i nearly shot a man who was already a Doctor while duck hunting. the ducks had already gotten near the water and he was across from me. I saw him not to long ago and brought that incident up. He and I both have never forgotten it. Thank God I did not kill him.

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should lose his license forever at the very minimum. I don't think he will be charged unless they could do so for him being a complete fool and dumbass.

You have to know it's a deer. You have to know whether it's a doe or a buck. You have to know if it's a legal buck. You have to know what part of the deer's body you are deciding to shoot. Is the deer quartering away, quartering towards you, or broadside? Too many variables to accidentally shoot another human by mistaking him for a deer. Now, if he shot at a deer and missed and the bullet traveled through the woods and hit someone not wearing orange, that's a different story.

In my opinion, if you pull the trigger, and hit your target, and it happens to be another person, it's either:
A) Homicide
B) Justifiable Homicide
C) Negligent Homicide


Orange or no orange.