What would you do and the legality in California?

Mike

Mike

Adventurist
Founding Member
So yesterday I was heading back from DRV and happened upon a scene that placed me in a quandary and not sure what the legal aspects in California would have been. Let me set the scene.

Driving down the Highway 79 and see a truck in the middle of the lane stopped with flashers on and people stand around. Just prior to that I saw a truck parked on the shoulder of the road. As I slowed to a crawl, I see on the left side shoulder a deer that was laying down and at first thought maybe they were just taking pictures but why would you stop in the middle of the lane. I passed them and stopped on the shoulder. I came back to ask if everything is okay and they said the truck down the road had hit the deer and it was laying there injured. I had my Glock 23 (.40 cal) with me, I was thinking the deer needed to be put down to prevent the suffering. As I am thinking this, someone says that the CHP had been called and they were on their way (who knows how long out though). At that point I am in the quandary of do I put it down but risk legal issues or let the CHP show up and deal with things. With the 6-8 people standing around and CHP notified, I decided to let them handle it and went on my way but felt bad for the deer having to suffer.

This is what brings up my question. In this type of situation, what is the legal status in California (I am sure every state has their own laws but I live in CA so I am only looking for into relating to CA) if you come across an injured animal, are in a rural area and could safely put it down? Is this legal to do or do you risk legal action if caught? Would it make a difference if law enforcement had already been notified or not? This is just something I have not run across in all my years of traveling. I really felt bad for not being able to put the deer out of it's suffering.

What would you do and would it be legal?
 
Mike, that's an excellent question, and I probably would have had the same quandary. Will be wondering about possible answers.
 
I think you did the right thing given the situation here in CA. It sounds like it should have been put down but it is not worth opening you up to all sorts of opportunity for expensive and lengthy legal action
 
I was watching one of the reality TV shows, in one episode, they said that despite the humanitarian quandary, you should leave the animal alive. Apparently shooting them makes you suspicious of poaching. (I guess there are some folks that shoot first, then run the animal over) BTW, I saw the same incident, not sure how far behind you I was, CHP had just arrived on the scene when I went by.
 
Using a firearm in that situaution would not have been the correct thing to do. Using a knife & cutting the deers throat is what the CHP should have done when they arrived. I ran across the same situation about 30 years ago near Pomerado Rd. & the 15.
 
Yea a lot of states have laws against shooting on or within a certain distance of a road for both public safety and as Bob pointed out also to prevent poaching. As much as it sucks I think you did the right thing.
 
Thanks guys. I just felt really bad that an animal has to needlessly suffer but I thank you for the other perspectives as I would have never thought about the poaching aspect. As much as it sucked, it was likely the best thing for me to drive on once I knew there was nothing I could do for the situation.
 
alwalter said:
Using a firearm in that situaution would not have been the correct thing to do. Using a knife & cutting the deers throat is what the CHP should have done when they arrived. I ran across the same situation about 30 years ago near Pomerado Rd. & the 15.
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Not sure where this came from but every LEO I know that is tasked with putting down an animal uses a sidearm or shotgun. Walking up on an injured animal is not smart.


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alwalter said:
Using a firearm in that situaution would not have been the correct thing to do. Using a knife & cutting the deers throat is what the CHP should have done when they arrived. I ran across the same situation about 30 years ago near Pomerado Rd. & the 15.
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^^This^^. I happened upon a deer that had been hog tied after being hit by a car. I proceeded to do the above, the best for the situation. Think about it every once in a while.
 
For anyone who hunts or maybe even grown up around a lot of different animals such as on a farm; seeing an animal suffer is not something you want to witness. I have been in this situation before in Missouri. I called the State Troopers dispatch number, was told a Trooper was en-route but would be 30 minutes. I informed the dispatcher that I had a firearm and was a hunter, she then put me on hold. When she came back on the line she said that if the situation safely allowed it, to please shot the deer. I honestly thought the way you did at first, but decided to call the Troopers dispatch before I did anything. I did wait for a Game Warden to arrive. He took my information and let me go on my way.
 
I was in the exact situation in Utah many years ago - it was an easy decision back then and there. Here in CA and now I would never consider it.

Several years ago, I shot a deer in McCain Valley. My tag needed to be signed by an appropriate authority. I drove in to Alpine, to the USFS offices there, but they were closed. I stopped at the gas station off Tavern Rd where there was a CHP Officer sitting in his car. I asked him if he could sign my tag... "You shot a deer? Are you serious? What did you shoot it with..." The Officer was totally blown away, couldn't believe it, had way too many questions about my guns and where I had been... he didn't like hunting or seeing the dead deer.
 
The crowd of people adds to the complexity, not sure i'd even stop. All the risk is on you and common sense will have no part of any investigation. The last deer I hit got butchered hanging from my daughter swing set, no sense wasting it.
 
Al Swope said:
The crowd of people adds to the complexity, not sure i'd even stop. All the risk is on you and common sense will have no part of any investigation. The last deer I hit got butchered hanging from my daughter swing set, no sense wasting it.
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This. I pick up my own road kill, and sometimes other people's. As you said, no sense in wasting it.
 
I'm sure every situation may not require the same methods. In the urban area I was involved with & the ability to restrain the deer, discharging a firearm was not the choice of the officer.
 
I have heard (on the scanner) LEOs and rangers call in when dispatching injured animals. They use a firearm.
 
Yea, I would caution anybody on approaching a 200lb wounded animal. While I agree if done properly it is a very humane way of dispatching an animal it can go south real fast.
 
Putting down a distraught, panicking animal is not an easy task. While utilizing a firearm is the best method the situation as described in the original post all but eliminated that possibility. But before pulling your knife out you had better be prepared emotionally and mentally to administer mercy. Approaching a wounded animal can be dangerous with a high chance of being kicked or gored. You have to be mentally and physically prepared to commit throughly to the act. And bear in mind that a slit throat is not the quick, quiet death. If you are squeamish at the sight of blood or the thrashings and convulsions of a dying creature it can be disturbing. Even those of us who have put down many animals find the deed to be troubling. Cutting the throat of a deer in front of a crowd of bystanders could be problematic as those with soft hearts would react negatively to the sight and sound of the act. To many folks are not ready for the true nature of well, nature.

Just last week I had to put a deer down that slid into my Tundra. It was dark, in the early morning, when it happened. The deer's front legs were broke and he was struggling mightily to flee. I walked in from his blind side and put the knife to him as I have done countless times before. It still tore at my heart to have to put this creature down and I spent the day wishing it could have been different. But I'll be damned if I would left the poor bastard suffer alongside the road. I let him bleed out and tossed him in the bed to take back home for the freezer.
 
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