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Poached deer - Houston, MN


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If the value of the deer is determined to be in excess of $5,000, I would think he'll be charged with felony theft. Good.

I think that would be a bare minimum . With that deer gone the loss of revenue per year would start adding up quickly in my books.

If it is indeed a felony he will lose his right to use a firearm for 7 years but I dont think that is long enough should be for life

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over 200 class buck on a canned hunt on some high fences run 10 to 15G. Semen sold over a few years would be much more than 5G. What a nut job to shoot a penned deer. sheesh! Let the law at him but I don't wish him bodily harm. That's what the nut antis like.

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I would suspect this guy will be paying for that deer for a long time. If the farmers have not already talked to a lawyer they should. They lost something of value, and more importantly, if they were selling semen, something that had future earning potential. This guy could be paying those farmers back for a long, long time. I don't know anything about civil suits, but I can't see how there wouldn't be grounds for one here.

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I think that would be a bare minimum . With that deer gone the loss of revenue per year would start adding up quickly in my books.

If it is indeed a felony he will lose his right to use a firearm for 7 years but I dont think that is long enough should be for life

If this individual is ultimately convicted of a felony, it is entirely possible that he would lose his right to use or possess a firearm for the remainder of his lifetime. It just depends on the charges. If he is convicted of a felony that is considered a "violent crime" under MN law(which is actually quite a broad category of offenses - inclusive of some charges you might not have expected), even a felon who has their civil rights restored is still prohibited from using or possessing a firearm for the remainder of their lifetime.

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I would suspect this guy will be paying for that deer for a long time. If the farmers have not already talked to a lawyer they should. They lost something of value, and more importantly, if they were selling semen, something that had future earning potential. This guy could be paying those farmers back for a long, long time. I don't know anything about civil suits, but I can't see how there wouldn't be grounds for one here.
There are a number of ways the deer farmer could recoup losses in this instance. One would be restitution under the criminal charge (assuming a conviction). Another would be a civil suit. But the most likely way to recover anything (assuming most criminals are not flush with cash which is normally the case) would be payment through insurance. I am guessing this deer farm had a pretty good policy for their deer herd if they were making big dollars selling deer, semen, etc., and if the guy who allegedly killed/stole this farm animal has any money, the insurance company would possibly sue him to recover their payments.
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It's not a violent crime. just dumb

I would agree that it this situation is not likely to be charged out as an offense that is considerd under "crimes of violence," but I would again suggest that people understand that "crimes of violence" encompass a far greater number of offenses than one would probably expect. Unless you know what this guy will be charged with and have a good grasp of firearms laws, I wouldn't assume anything just yet.

And you're right, this is about as dumb of a crime as I can think of.

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Quote:
There are a number of ways the deer farmer could recoup losses in this instance. One would be restitution under the criminal charge (assuming a conviction). Another would be a civil suit. But the most likely way to recover anything (assuming most criminals are not flush with cash which is normally the case) would be payment through insurance. I am guessing this deer farm had a pretty good policy for their deer herd if they were making big dollars selling deer, semen, etc., and if the guy who allegedly killed/stole this farm animal has any money, the insurance company would possibly sue him to recover their payments.

Thanks, I don't know a lot about laws in that respect. I would hope the farmer knows that he should be able to get some compensation for the deer, maybe more than he should, maybe less depending on the settlement. Hard to say.

Unfortunately, this guy was not the first, nor will he be the last guy to screw up his young life for a big rack. wink

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He may well loose the privilage to own or use a firearm. However even a felon can still use a muzzle loader or archery equipment. I think they shoud also pull his privilages to use thes weapons also, since he was using a bow.

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He may well loose the privilage to own or use a firearm. However even a felon can still use a muzzle loader.

This is not correct. A muzzle loader is a firearm and if you are prohibited from possessing a firearm you cannot possess a muzzle loader.

Firearm defined - Minn. Stat. §97A.015 Subd. 19. “Firearm” means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air.

Felony criminal damage to property does not disqualify from possession. Felony theft is only a disqualifier if it is theft of a firearm, theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or authorized agent of the owner, theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a controlled substance, an explosive, or an incendiary device)

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any convicted felon regardless of the crime committed can not own or use a firearm. archery is the only avenue for a felon that way these days...

Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment

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I would suggest that the County Prosecutor ask for a lifetime hunting ban and no weapons ownership for the guy also regardless of the charge. He obviously doesn't "hunt" anyway so he shouldn't miss it. Also, in my opinion the guy deserves some time behind a "high fence" of the State Penitentary kind.

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If the value of the deer is determined to be in excess of $5,000, I would think he'll be charged with felony theft. Good.

Anything above $500 is felony theft. Even with a bow it is still considered a dangerous weapon so there is another charge he could be hit with. I know a few people that have got felonies that are not violent in anyways and the lost their rights for life. Although felones do get 1 chance to write to the gov and get a pardon to get their gun rights back. If it is denied there are no more chances.

I hope the book gets thrown at this kid. its one thing to poach wild deer, which is a felony i believe but this nut shoots a farmed raised buck...Wow i cant believe what people do for that big trophy!

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