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Out here in the hill country, we have deer on the side of the road all the time. The question comes up what happens if you come upon one not dead but severely injured, still alive. Is it a violation of law to take out your firearm and put the animal out of its misery, or is that considered brandishing, discharging a weapon in public or similar prohibited activity?

If that was discussed in the CHL last last summer, I do not recall it. In our subdivision, quite large, still plenty rural, the CC&Rs prohibit shooting, although I imagine that self-defense type shooting would be exempt from that.

Q1: A deer has been hit on the highway, what do I do?
A1: If the deer is just injured call your local game warden dispatcher. If you are absolutely sure the deer is dead, you may move it off the roadway and leave it there. Texas Department of Transportation will remove the dead animal. It is illegal to tag the deer (or any game animal for that matter) and take it with you.

http://www.tpwd.state.tx.us/faq/huntwil ... ions.phtml" onclick="window.open(this.href);return false;

My understanding is they have changed the rules on this. You may put the animal down by easiest and quickest means. You may not tag or take the animal. I would check with TPW to be sure.

If its legal and in town the use of a bow may be a better choice

Dirthawking wrote:My understanding is they have changed the rules on this. You may put the animal down by easiest and quickest means. You may not tag or take the animal. I would check with TPW to be sure.

I dunno dh WildBill's link is pretty clear, and other stuff on that site is recent.

I did not have an easy time finding our Game Warden, who appears to be two Area Codes away from us, so it seems the Sheriff is closer. I'm going to put their numbers into my cell phone...

We have CC&Rs against shooting also, a relatively small development <400 acres for about 10 tractowners, but everyone here shoots nuisance animals and no one thinks anything of it. No one of my neighbors would argue putting-down a suffering critter either, though I don't know what the Sheriff or GW would think about it. It sure looks like you could get into trouble if you used your weapon on the side-of-the-road. And while it seems prudent to always call the Sheriff to make a report first, well I don't always know where I am in TX either! To find the Sheriff that is.

If the animal is just injured, then all you can do is contact the game warden and follow their lead. If the animal poses a risk to public safety, i.e. may get up and get into traffic, then call 911 and let the local authorities deal with it.

Keith B wrote:If the animal is just injured, then all you can do is contact the game warden and follow their lead. If the animal poses a risk to public safety, i.e. may get up and get into traffic, then call 911 and let the local authorities deal with it.

Yeah, pretty much how it was explained to me, but that was many moons ago in hunter's ed course. As far as I know it still applies today.

Too many laws poorly written, intertwined, and canceling each other out. We all know the correct course of action is to kill a mortally wounded animal immediately, but since smarter people have written Laws... If a driver ran over a deer it appears the passenger can dispatch it, AND...if you believe an animal is dangerous to itself you can dispatch it before it hurts itself...

Parks & Wildlife Code

Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS. (a) In this section:
(1) "Dispatch" means to kill by any humane method.
(2) "Game animal" has the meaning assigned by Section 63.001.
(3) "Game bird" has the meaning assigned by Section 64.001.
(b) It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that:
(1) was mortally wounded, not through the actor's conduct; or
(2) behaved in a manner that:
(A) is inconsistent with the manner in which a game animal or game bird that is not diseased typically behaves; and
(B) leads a reasonable person to believe that the game animal or game bird poses a substantial risk of serious harm to itself, a person, or other wildlife.
(c) The commission may adopt rules, including rules concerning the disposition of a game animal or a game bird that has been dispatched under this section, to implement this section.

http://www.statutes.legis.state.tx.us/D ... ded+animal" onclick="window.open(this.href);return false;

Good stuff rb, thanks for that.

cheezit wrote:If its legal and in town the use of a bow may be a better choice

I like this idea.

rbwhatever1 wrote:Too many laws poorly written, intertwined, and canceling each other out. We all know the correct course of action is to kill a mortally wounded animal immediately, but since smarter people have written Laws... If a driver ran over a deer it appears the passenger can dispatch it, AND...if you believe an animal is dangerous to itself you can dispatch it before it hurts itself...

Parks & Wildlife Code

Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS. (a) In this section:
(1) "Dispatch" means to kill by any humane method.
(2) "Game animal" has the meaning assigned by Section 63.001.
(3) "Game bird" has the meaning assigned by Section 64.001.
(b) It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that:
(1) was mortally wounded, not through the actor's conduct; or
(2) behaved in a manner that:
(A) is inconsistent with the manner in which a game animal or game bird that is not diseased typically behaves; and
(B) leads a reasonable person to believe that the game animal or game bird poses a substantial risk of serious harm to itself, a person, or other wildlife.
(c) The commission may adopt rules, including rules concerning the disposition of a game animal or a game bird that has been dispatched under this section, to implement this section.

http://www.statutes.legis.state.tx.us/D ... ded+animal" onclick="window.open(this.href);return false;

So, if you hit a deer and it's mortally wounded you can't put it down?

nyj wrote:

rbwhatever1 wrote:Too many laws poorly written, intertwined, and canceling each other out. We all know the correct course of action is to kill a mortally wounded animal immediately, but since smarter people have written Laws... If a driver ran over a deer it appears the passenger can dispatch it, AND...if you believe an animal is dangerous to itself you can dispatch it before it hurts itself...

Parks & Wildlife Code

Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS. (a) In this section:
(1) "Dispatch" means to kill by any humane method.
(2) "Game animal" has the meaning assigned by Section 63.001.
(3) "Game bird" has the meaning assigned by Section 64.001.
(b) It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that:
(1) was mortally wounded, not through the actor's conduct; or
(2) behaved in a manner that:
(A) is inconsistent with the manner in which a game animal or game bird that is not diseased typically behaves; and
(B) leads a reasonable person to believe that the game animal or game bird poses a substantial risk of serious harm to itself, a person, or other wildlife.
(c) The commission may adopt rules, including rules concerning the disposition of a game animal or a game bird that has been dispatched under this section, to implement this section.

http://www.statutes.legis.state.tx.us/D ... ded+animal" onclick="window.open(this.href);return false;

So, if you hit a deer and it's mortally wounded you can't put it down?

"A mortal wound is a very severe and serious injury whether accidental or inflicted intentionally, which leads directly to the death of the victim. Death need not be instantaneous, but follows soon after." Wikipedia
What's funny about an animal suffering until it dies?

Wow.... a couple of years ago, a neighbor hit a deer driving to work. The impact ripped off both of the deer's hind legs. Later that day, the deer was still lying by the road, fully alive. I would have a very hard time not pulling out my CHL pistol and dispatching the poor thing.

Ruark wrote:Wow.... a couple of years ago, a neighbor hit a deer driving to work. The impact ripped off both of the deer's hind legs. Later that day, the deer was still lying by the road, fully alive. I would have a very hard time not pulling out my CHL pistol and dispatching the poor thing.

Wow, I am surprised that after the collision he didn't stop to survey the damage to his vehicle and the deer. Hitting a large animal with a car can cause major damage to both the car and the animal.

WildBill wrote:

Ruark wrote:Wow.... a couple of years ago, a neighbor hit a deer driving to work. The impact ripped off both of the deer's hind legs. Later that day, the deer was still lying by the road, fully alive. I would have a very hard time not pulling out my CHL pistol and dispatching the poor thing.

Wow, I am surprised that after the collision he didn't stop to survey the damage to his vehicle and the deer. Hitting a large animal with a car can cause major damage to both the car and the animal.

Seeing what a bear can do the front end of a pickup is the reason our Dodge Ram wears a Rancher Grill Guard. BTW, I had to pick up that dead bear cub and take it back to the park. We wept, that was our little park bear and we had told it to stay away from the highway. Neither Mrs. Oldgringo, I nor our co-Host had ever petted a bear before that.