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Hunting Issues

Animal Rights Whackos; Gotta Love Em’

“Humans are the only animals that have children on purpose with the exception of guppies, who like to eat theirs.”  —P. J. O’Rourke Laughter…I mean, these people basically suck. Oh, how our technological and societal conventions have caused us to lose our way…To forget from whence we came…Hunters…gathers….I mean these people….really really suck., mostly because … Read more

House Bill 1339: Union Leader Editorial Doesn’t Get It

“As a man is said to have a right to his property, he may be equally said to have a property in his rights.” —James Madison

Granite Grok Writer Rick Olson during Pheasant Season 2011 with his Hunting Dog "Chloe" a six year-old German Shorthaired Pointer
Granite Grok Writer Rick Olson during Pheasant Season 2011 with his Hunting Dog "Chloe" a six year-old German Shorthaired Pointer

On Tuesday a Union Leader editorial called House Bill 1339, “preposterous”.  In the UL Editorial entitled, “Contract Hunting,”  The UL aptly describes why the bill is problematic. HB 1339, sponsored by Representative Paul Mirski, Joe Duarte and Gary Hopper, is an effort to keep access to hunting, fishing and trapping accessible to all, irrespective of economic and social strata.

The Union Leader points out,

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The Concord Monitor’s Integrity Deficit

“I can only assume that your editorial writer tripped over the First Amendment and thought it was the office cat.” —E. B. White

On Thursday February 9, the Concord Monitor ran an opinion column written by Dan Williams regarding several pieces of Legislation pending in Concord affecting Hunting, Fishing and Trapping.  Aside from writing for Granite Grok, I am the President of the New Hampshire Wildlife Federation, and also the President of the Londonderry Fish & Game Club. I am a hunter, a fisherman (of lesser sorts) and a Trapper.

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Inebriated William Jasmin Who Fell Out Of A Tree Stand Drops His Lawsuit

“A lawsuit is a fruit tree planted in a lawyer’s garden.” —Italian Proverb

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William Jasmin of Manchester, the drunk, non-licensed hunter who sued a landowner following his own demise in falling from a tree stand, has dropped his lawsuit.

Jasmin suffered partial paralysis when the tree stand he attempted to enter failed, causing him to fall. Jasmin initially proffered in his original pleadings that he was “hunting” but in August amended his pleadings to assert that he was, “scouting.” while present on the land owned by Charlie Corliss, of Epsom,

Jasmin friend Randy Howe had said Corliss had given them permission to use the tree stand, however,  Jasmin’s lawyer now asserts the friend had spoke to someone else who mistakenly believed it was on his property.

This very case stirred concerns and tensions within the hunting community that farmers, foresters and other large landowners might potentially close their property to hunting and other recreational uses, for fear they could be potentially held liable for recreational injuries.

Jasmin’s lawyer B.J. Branch, told The Associated Press, “this suit was never about access to land; The suit was about holding the owner of a defective product accountable.” Baloney! This suit was about William Jasmin finding the deepest possible pockets to compensate him for his own failures to act responsibly, ethically and within the laws of this state. And, while doing this, he was willing and ready to throw the entire hunting community under the bus. Eighty percent of all available hunting land is private property in New Hampshire. Clearly, this lawsuit became about access.

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William Jasmin: Alcohol Level Was .16 When He Fell

“Actually, it only takes one drink to get me loaded. Trouble is, I can’t remember if it’s the thirteenth or fourteenth.”—George Burns

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William Jasmin of Manchester is suing Charlie Corliss of Epsom where he suffered from injuries sustained when he fell from a tree stand on Corliss’ property, first alleged that he was, “hunting”.  Jasmin seeks to recover injury compensation from Corliss through a lawsuit.

 This suit has drawn the ire of the hunting community upon discovering that Jasmin had no hunting license and had been drinking beer when the fall occurred. Jasmine’s attorney acknowledged that Jasmin had been drinking on the day of the accident but told the Concord Monitor that,  “(Jasmin) had only consumed one 16-ounce Pabst Blue Ribbon beer and was at or below the legal limit for intoxication.”  He also told the Monitor that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate.”

 However, court documents filed by Corliss’ Lawyer, Mark Mallory charge that, “Medical records from Dartmouth Hitchcock Medical Center some three hours after the accident indicate that Mr. Jasmin has a .16 blood alcohol level …” .16? Three hours later?

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Londonderry Seeks to Ban Shooting on Public Land

“A critic is someone who never actually goes to the battle, yet who afterwards comes out shooting the wounded.” —Tyne Daly

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 Londonderry Town Councilors drafted an amendment to an ordinance that already prohibits activities such as smoking on town-owned property to include a ban on target or skeet shooting, reports the Derry News.

Councilors invited public input at a meeting last night. Londonderry Police Chief Bill Hart said his department received nine complaints about shooting over the last three years.”It’s not clear whether the complaints were prompted by shooting in the Musquash or from the nearby Londonderry Fish and Game Club, which has a shooting range. Also unclear was whether the shots that generated calls were fired during target practice or hunting season. Hunting in season is permitted on town property.”

Councilor Tom Freda said, “I think the (ordinance) is well intentioned, but I don’t see this as being practical with only nine complaints of shooting over three years and there being a shooting range in the area.”

As a past President and current board member for the Londonderry Fish & Game Club, I was invited to show up and comment on the measure, so I did.  There are several aspects I shared with the council. First, the conservation commission has two members who are hostile, if not opposed, to guns and shooting in general and this is just one example of those two injecting their personal objections on the body of the town. There exists no facts that would lend itself to being a safety issue.

Second, The Londonderry Fish & Game Clubs’ 83-acre property is located in the northwest corner of the town and abuts the Musquash conservation land on three sides. Frequently, public use of the Musquash has caused encroachment on the LFGC property. We have tolerated this and not made it a town issue. We have not posted our land and have not banned outside recreational uses.  But, recently, a ATV rider approached me complaining that a, “bullet whistled by his head while riding,” yet he would not acknowledge the fact that he was riding “down range” from our rifle range and passing “No Trespassing signs” and other clear signage that states, “caution…keep out…active firing range…”

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William Jasmin The Beer Hunter

“He uses statistics like a drunk uses lamp-posts, more for support than illumination…” ~Romano Prodi

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 “(Attorney B.J. Branch) acknowledged that Jasmin had been drinking on the day of the accident but said he had only consumed one 16-ounce Pabst Blue Ribbon beer and was at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate.” -Concord Monitor, 7/20/11

 If one reads attorney Branch’s comment to the monitor at face value, you might just have the initial reaction that I had: “I think this attorney is full of crap.” The comment on its face suggests that Jasmin’s blood alcohol concentration cannot be effectively measured because he had experienced significant blood loss immediately after his fall.

Blood Alcohol Concentration measured is always the current and existing level in the blood at the time of a serological draw. BAC refers to the percent of alcohol in a person’s blood stream. For example, a BAC of .10% means that the individual’s blood supply contains one part alcohol for every 1000 parts blood.  That is the alcohol concentration existing in the blood stream at the proximal time of the draw. If a person consumed another several alcoholic beverages only minutes prior to the draw, that alcohol content has a higher probability of not being reflected in a test.

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William Jasmin: A Man Without A Hunting License

“Lawyers spend a great deal of their time shoveling smoke.”  ~Oliver Wendell Holmes, Jr.”

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In my previous entry about a “Hunter” who was seriously injured when a tree stand that he climbed into collapsed, causing him to fall, there was a presumption that the “Hunter” was lawfully engaged in the activity of hunting upon the land of Charles Corliss. That is not the case. WILLIAM JASMIN HAD NO LICENSE TO HUNT.

On Wednesday, July 13, I went to the New Hampshire Fish & Game Licensing Division and filled out the form, N.H. FISH AND GAME DEPARTMENT INFORMATION REQUEST .  “The information requested was not found” was how the form was returned.

This morning’s, Concord Monitor featured a story entitled, “Hunter falls from tree, sues property owner” where in that story Jasmin’s attorney B.J. Branch admits that  Jasmin was drinking the day of the accident and he tells the monitor, “[w]as at or below the legal limit for intoxication. He added that because of Jasmin’s serious blood loss, the blood alcohol test may not have been accurate…”

But all of that aside, other questions arise. For example, N.H. RSA 635:2 (Criminal Trespass) states in part, “A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place…”

RSA 214:1(License Required) states in part, “No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill…[w]ild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title…”

When Jasmin, through his attorney filed his writ, he asserted, “On or about November 17, 2009, William Jasmin sustained serious injuries while hunting on property owned by the defendant…” Jasmin, through his attorney, made a “sworn statement that he was “hunting.”

 RSA 207:36-a (Use of Tree Stands) states in part, “No person shall erect, build or use a tree stand… [o]n land of another person that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck, without express written permission from the property owner or designee...” Jasmin asserts he had an “invite” to use the tree stand. Chuck Corliss states he hasn’t hunted in 40 years and was not aware of the tree stand’s presence.  I believe Chuck Corliss and if the court does, then Jasmin violated yet another law. If a person hunting happens upon a tree stand and climbs into the stand…and branches have been cut, and then a Conservation Officer thereafter happens along, the C.O. is going to ask for the persons “written permission” to have a tree stand where limbs have been removed. Having no permission, a citation is inevitable.

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