Looking up statues to somehow defend this chowderhead on a legal basis seems to miss the larger picture here.
If you think that's what I'm doing, then you're the one missing the larger picture. In no way am I defending this guy; I think I called him a bozo and said he should be kicking himself in the ass, among other things. The only thing I'm saying is that what he did is not illegal, and shouldn't be.
If you want proof of that, read this quote from 4ager below. I hate to say it because 4ager is a sharp dude and rarely misses on something like this, but he's way off-base here.
By saying it is or should be against the law to take a shot that an ordinary hunter under ordinary circumstances would not take sinks us all down to the lowest common denominator, and would make guys like scenarshooter and John Burns violators.
Is that what we want?
Originally Posted by 4ager
That's the burden of proof here: was his action a gross deviation from the standard actions and standard of care of an ordinary hunter in similar situations?
I think one could quite easily argue that an ordinary hunter exercising the normal standard of care in such situations would probably not have attempted the shot at all. Taking a shot in those circumstances would be a deviation from the ordinary standard of care, but not necessarily a gross deviation if the shot itself were placed or targeted where an ordinary hunter would shoot in ordinary situations.
I respectfully disagree (and appreciate the compliments). It's not that it sinks us to the lowest common denominator. It puts us all equal before the law. Burns and Pat would NEVER take that shot. Ever. Would they take a chest shot at that range, broadside? Yes. Would that be grossly deviant from the standard of care of an ordinary hunter? No, I don't think it would and I don't think that any allegation would ever be made against them.
Again, it'd come down to it being "deviant from an ordinary standard of care" due to the range, but both of those guys can easily prove that they practice at that range and that the shot itself (in their case, a chest shot) was not "grossly deviant".
In the case of the OP, the deviance from an ordinary standard of care is made a "gross deviance" because of the stated shot placement (head). The range is a deviance, but the taking of a head shot over a chest shot is "gross deviance" because the range is one factor and the choice of a head shot over the chest shot is another and even more of an aberration from the ordinary standard of care than the range.
With range, and rangefinders, optics, etc., the ranges of "ordinary standard of care" are being stretched every year. Not long ago, 400 yards might well have been a deviation from an ordinary standard of care. Today? Four hundred is commonplace and 600 isn't far outside the norm, so 900 while a deviation isn't by itself "gross deviation". Now, 900 yards AND the head shot over the chest shot? That's just "gross", in many ways.
Again, this would be something for a UT game warden to consider and for a court to determine. I think a prima facie case for several game law violations could be made against the shooter (use of game for pecuniary gain; failure to wear hunter orange; shooting from or across a roadway; felony willful, reckless, or negligent injury/wasting of a game animal for pecuniary game; etc.). If so, that's for a court to determine, and I guarantee you that none of us would be wanting to sit in his seat if that happens and try to justify taking a head shot at 900 yards, from/across a road, while not wearing hunter orange, and then posting the video for financial gain.
Stupid should hurt. In this case, stupid needlessly hurt that elk instead of trying for a much higher percentage kill shot. In this case, stupid hurts all ethical hunters by putting it out on YouTube. In this case, perhaps, stupid will also come back to hurt the shooter.
Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
