# Hit by stray shot



## duckman#1 (Sep 22, 2002)

Last year out duck hunting, we where set-up at our spot on a lake before sunrise, then right before sunrise another boat showed up and set-up approx 100 ft away. We had a flock of ducks locked up landing in our dec's when the other boat opened fire and actually hit us with pellets! this was almost a straight on shot, NOT pellets raining down from a high shot. Luckly no one was hurt. It took alot to resist confronting the other party and we didn't have the police number. Which brings me to this question: What is the law on being hit by shot? Is it a matter of calling local police? If so, and your in a swamp how can they get to them? Again, I'm not talking about getting "rained" on, but shots from a group set-up too close. It only takes one pellet to take a eye out.


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## hunt-n-fool (Oct 10, 2006)

call the dnr, they can do everything the local police can do...........


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## wally-eye (Oct 27, 2004)

If you are hit by a stray shot, straight on, then an IMMEDIATE call to either the sheriffis office or DNR would be correct.......

Bout a year late on that..................I would not have let that go......

That's one reason I quit hunting Ottawa marsh back in 1984. Toooo many stupid people in one spot..........


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## wyldkat49766 (Apr 21, 2007)

Another good reason to keep a camera or a camera phone on you. I would inform them of what happened, get their picture and ask for their info.


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## M1Garand (Apr 12, 2006)

A few I can think of.....discharge of firearm while intentionally aimed without malice, a one year misdemeanor. The second could be reckless or wanton use of firearm, a 90 day misdemeanor. Since there doesn't appear to be any intent to injure you or your party, it's doubtfull you could get something more like felonious assault or intent to do great bodily harm. You should have called an LEO or CO...sounds like an unsafe group.


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## MERGANZER (Aug 24, 2006)

A call might have been in order but I think I would have at least said something to see if they knew you were there etc or if they were even remorseful about it. The police will handle it as will the DNR. I do doubt it was 100 feet though because you if were getting hit with high brass loads at 33 yards there would most likely have been damage to something or someone. Safety Safety Safety some guys never learn it some forget it. There are times that I have seen where people just make poor judgement calls as well. Get the boat numbers and the lic plate info etc back at the ramp that will help you as well

Ganzer


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## duckman#1 (Sep 22, 2002)

Thanks for the input. We where pretty upset at them to say the least and looking back at it think it was smart to not confront them considering both parties had loaded guns. However, you can bet we will have co's and local police numbers in our camera phones. As fas as the 100ft, I believe alot of the shot was bounched off the blind/camo material on our boat but some did hit our coats pretty hard. Luckily none of us or our dog wasn't hurt or believe me it would of got ugly in a heart beat.


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## DANIEL MARK ZAPOLSKI (Sep 23, 2002)

duckman call the D.N.R. they'll get the job done as the local police don't have the time or money for that work! not to mention the C.O'S LOVE taking care of scumbags. now if any shot had made penetration on your clothes or bodies or dog for that matter it would have turned into a shooting incident which MUST BE REPORTED TO POLICE/D.N.R. failure to do so would be a violation of the LAW. boat numbers, truck plate numbers, pictures of people MAJOR evidence if no pic's right down physical attributes of the people height/weight/fasical hair anything to help the leo's do their job even type of boat, dog, camo styles on each person.
as for the non confrontation that's a plus, you don't need to get into a fire fight out in the marsh. keep your cool and ask that they move over a bit and not to shoot your way any more you just got pelted. most duck hunters are in such a hurry to get out on the MAGIC DAY that they loose all their witts and what happened to you, SORRY to say, happens way to often to hundreds of others with the crowding in on that weekend.


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## JWICKLUND (Feb 13, 2005)

Getting hit by stray shot in a duck marsh is not all that uncommon. If you duck hunt and you hunt a populated marsh or pond, it is gonna happen. It is not malicious, for the most part.


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## det07 (Mar 26, 2006)

Man reading the posts on this website could really turn someone off to duck hunting!!

I realize that deer hunting can get pretty hairy at times but thats why I hunt private land.


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## walleyeman2006 (Sep 12, 2006)

i get shot all the time in my favorite deer stand....but its usually coming down on me....ive taken to wearing glasses in that spot though lol....occasionally i get a bonus wounded duck that runs through and flops over dead lol....


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## tedshunter (Dec 27, 2004)

hunt-n-fool said:


> call the dnr, they can do everything the local police can do...........


And more,they have more authority than the police.


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## M1Garand (Apr 12, 2006)

tedshunter said:


> And more,they have more authority than the police.


In what way?


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## malainse (Sep 2, 2002)

tedshunter said:


> And more,they have more authority than the police.



That is another one for "Snopes"  
CO's have the same authority, can not do anything more or less then any other officer in their jurisdiction !!!!
Do a search, has been answered a number of times....


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## JWICKLUND (Feb 13, 2005)

A Conservation Officer's primary responsibility is natural resource enforcement. However CO's do have the authority to arrest for violations of any Michigan law. The only difference a CO would have would be their search and seizure exceptions which is as follows.
Conservation Officers may search vehicles, boats, or other places where wildlife may be possessed or stored, if there is probable cause to believe that wildlife illegally taken or held may be found and a reasonable likelihood the wildlife evidence will be lost, destroyed, or hidden before a search warrant may be obtained.
Notice it says wildlife and not drugs and other contraband, that would still fall under the general search and seizure rules.


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## det07 (Mar 26, 2006)

Maybe police do have the same authority, but I think they would be stepping on the dnr's ground a little if they went out and took action. They all work together at times but you rarely see them overstepping their boundaries.

I guess in this case I would hope that someone would respond to the call. Who cares what uniform they are wearing. For gods sake getting peppered by shot would be pretty scary.


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## M1Garand (Apr 12, 2006)

JWICKLUND said:


> The only difference a CO would have would be their search and seizure exceptions which is as follows.
> Conservation Officers may search vehicles, boats, or other places where wildlife may be possessed or stored, if there is probable cause to believe that wildlife illegally taken or held may be found and a reasonable likelihood the wildlife evidence will be lost, destroyed, or hidden before a search warrant may be obtained. Notice it says wildlife and not drugs and other contraband, that would still fall under the general search and seizure rules.


J - 
I don't believe it's a separate exception, just the same one pertaining to evidence.


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## boehr (Jan 31, 2000)

Same rules apply for ALL law enforcement officers regardless, CO, deputy, city or state. There is absoluty no difference for any of them regarding search and seizure.


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## Ninja (Feb 20, 2005)

boehr said:


> Same rules apply for ALL law enforcement officers regardless, CO, deputy, city or state. There is absoluty no difference for any of them regarding search and seizure.


 
Once again, Boehr is correct.


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## lang49 (Aug 1, 2005)

JWICKLUND said:


> Getting hit by stray shot in a duck marsh is not all that uncommon. If you duck hunt and you hunt a populated marsh or pond, it is gonna happen. It is not malicious, for the most part.


 
I'm rather suprised to hear you say this...Just because it isn't malicious doesn't mean it's legal.

So as a CO, if you recieve a call of hunter being sprayed with shot, do you investigate it, or do you just blow it off because it "isn't malicious?"


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