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whats the law on spotlighting?

43,034 Views | 27 Replies | Last: 4 yr ago by Bigballin
chris1515
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What does the law say in regards to driving around at night with a spotlight? On your own land of course.

What if on a county road that cuts through your property?

Does it matter if you have a gun or not?
OleRock02
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I would imagine the county road is a no-no, but I think you're good to go as long as you're not shooting/hunting game animals.


Someone who knows for sure will be along shortly.
Tex Aggie
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as long as you are not taking a game animal, you are fine. It is well thought of to provide a courtesy call to the game warden to let them know what you are doing in case other people call in.

bushman
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Ditto that ^
Legal, but a call to the GW will ensure that you don't get a surprise visit by him, especially during deer season.
oats05
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We always call the sheriff's office to let them know. We sometimes spotlight on the county road that bisects the property, but we usually don't. We have been stopped by the GW when he saw us way across our property. He was waiting for us outside the gate when we got on the CR (we weren't spotlighting). He was kind of a jerk until he realized the road was named after us. I think he was new to the area, cause he wasn't the usual one. Just don't shoot from the road!
FIDO 96
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Oats. Who cares if the road is named for you, it's a COUNTY road. Burning a spot light on a county road is more threar enough reason to stop you and looks for citations because you have very few reasons to do it unless you are a classless road poacher.

[This message has been edited by Fido 96 (edited 11/27/2011 12:25p).]
oats05
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Except we weren't spotlighting on the road...
chris1515
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So spotlighting from a county road is reason enough for a GW to stop you and check things out, but that by itself is not illegal. Is that what I'm hearing?

Our property has a county road running right through it, it's not even fenced and our cows have the run of the road. For once I'd like to be able to be able to end the debate about the legality of shining a light into our wheat field from the road. Thanks for everyone's help.
CanyonAg77
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If you farm or ranch, there are a lot of legitimate reason to shine a spotlight onto your property at night.
bushman
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Chris, spotlighting from a county road is illegal, no matter if it on your property or not. If it is in fact a private road through your land, that is legal, but not a public road.
CanyonAg77
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I'm not a lawyer, nor do I play one on the Internet.

http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.62.htm#62.005
quote:
Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED. (a) Except as provided by Subsection (b), a person may not hunt a wild animal or bird when the person is on a public road or right-of-way....

Sec. 62.004. HUNTING AT NIGHT. No person may hunt any wild bird, wild game bird, wild fowl, or wild game animal protected by this code at any season of the year between one-half hour after sunset and one-half hour before sunrise....

Sec. 62.005. HUNTING WITH LIGHT. Except as provided by Section 62.0055 or 62.0056, no person may hunt a game animal or bird protected by this code with the aid of an artificial light that casts or reflects a beam of light onto or otherwise illuminates the game animal or bird, including the headlights of a motor vehicle...


As I said, I'm no lawyer, but it seems clearly illegal to hunt with a spotlight. But I see no restriction here on using a spotlight. If there were, you could be cited for using your headlights at night.

And I can't believe any GW or other LEO would give two hoots in Hades if you were spotlighting your own farm, cattle, equipment, etc.

Just use sense if you are in an area where poaching is a problem.
bushman
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Canyon predators, hogs, exotics and rodents (rabbits etc.) are not game animals. Thus, they are legal to be hunted with the use of a light source.
milkman00
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quote:
Our property has a county road running right through it, it's not even fenced and our cows have the run of the road. For once I'd like to be able to be able to end the debate about the legality of shining a light into our wheat field from the road. Thanks for everyone's help.


1. How would you feel about others doing the same thing that you are talking about doing? I ask because if it is my property, I wouldn't want that happening, although there are many viable reasons for taking such actions yourself; including deer counts if you are doing that program with the state. If a sheriff saw it happening, I would hope they would question the individuals involved if they saw it happening. Just something to think about.

2. You want a legal opinion on an internet message board. Although some attorneys might get on here and tell you what the law is or their opinion of it, the truth of the matter is that the interpretation of the law by your local GW and district attorney might vary, depending on the exact fact situation presented. If you want to end the debate, as you say, then some of the free ways of getting closer to your answer would be to get the opinion of those that will be enforcing the laws in your jurisdiction; not from me or another attorney on the internet.

If there is a "debate" as you say, then is it between family members; between you and the DA; or between other parties? Or were you just using "debate" as a figure of speach?

Good luck, and let us know what your local law enforcement's stance is on the issue. I've never researched it myself. I would actually be quite surprised if you don't already know how the GW or DA view the situation. If I owned property where any person could drive down the road without gates, I would want to make sure I had as many people protecting my interests as possible.
CanyonAg77
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quote:
Canyon predators, hogs, exotics and rodents (rabbits etc.) are not game animals. Thus, they are legal to be hunted with the use of a light source.

Good point, we certainly dispatched many a rabbit with spotlights when I was a kid. Not many hogs here yet, but I'd gladly pop 'em, day or night.
B-1 83
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quote:
Canyon predators, hogs, exotics and rodents (rabbits etc.) are not game animals. Thus, they are legal to be hunted with the use of a light source.

Winner. You can whack all the hogs, rabbits, axis, fallow, etc .... you want.

Fur bearers are o.k., also - just make sure you have a fur bearing animal license if you have the critter or hide with you.
Caliber
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quote:
Fur bearers are o.k., also - just make sure you have a fur bearing animal license if you have the critter or hide with you.

You only need the trapper's license if you plan to sell the hide (or any part). Otherwise, you just need a hunting license.
ursusguy
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This good regulation to keep in mind and double check yourself on. I was recently working with a landowner that has that has 4 miles of a county road running through his property. Not so shocking, it is the worst road on the ranch, but if you weren't familiar with the area you might not realize you weren't on a standard ranch road. The local GW knows he gives his hunters a map that highlights the county road, and associated pastures as no shoot zones. If he finds out you shot off that road, that is the last time you will be shooting on his place, period.

As mentioned above, a simple call to the sheriff's office will resolve a lot of the issues. You can spotlight off a county road to your heart's content, you just can't pull a trigger.
cledus6150
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every GW i have talked to has said this to me , use of the spotlight and possession of firearm at same time where deer are know to roam, could land you in alot of hot water unless you have previously contacted the GW to let him know that that is what you where doing.
oklaunion
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Brad:
Your statement might be accurate but when I recently took a couple of hides in for tanning to a local taxidermist with a good reputation, they refused to take them without a trapping license verification.
Sean98
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quote:
You can spotlight off a county road to your heart's content, you just can't pull a trigger.


Even having a weapon in the truck (and most ranch trucks I've been in have at least 1 gun in them) could at least lead to a long roadside detention and lots of questions.
SWCBonfire
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I spent a great deal of my youth spotlighting coons, often with the game warden holding the spotlight. Nothing like a cold night sitting on the toolbox in a riverbottom, hot air and the power cord coming out of the sliding rear truck window.
ursusguy
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Sean, hince the mention of calling the sheriffs office and gw. Otherwise, yep hanging out for a while.
DaveAg02
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bushman said:

Canyon predators, hogs, exotics and rodents (rabbits etc.) are not game animals. Thus, they are legal to be hunted with the use of a light source.


True, but the question isn't the light, it's the public road. Public road prohibition is "wild animal", not "game animal".

Edit: wow, this came up in a search and I didn't realize how old it was! Sorry for the weird bump!
BCStalk
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Now that is a thread bump
BoerneGator
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Yeah, was about to note the "Sean" sighting, then noticed the date.
zooguy96
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We used to spotlight for snakes on roads near the border about 20 years ago...... wouldn't ever do that now of course.
JeremiahJohnson
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In 2011 thermals and civilian night vision weren't as readily available. Well they were available but not mainstream like they are now.
Serious Lee
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JeremiahJohnson said:

In 2011 thermals and civilian night vision weren't as readily available. Well they were available but not mainstream like they are now.
neither were all the fancy light bars/flood lights you can deck out your UTV/truck with now days. more visibility, less conspicuity
Bigballin
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Yeah, hunting on the long pasture is usually frowned upon.
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