October 18, 2012

 

Chuck Gipp

Director, Department of Natural Resources

Wallace Building 502 E 9th St.

Des Moines, Iowa 50319

 

Dear Mr. Gipp,

 

Thank you for your letter of October 2, 2012 in response to my letter of September 10th, 2012.  Again I was very disappointed that your agency has no way to protect my property to stop animal damage including deer to my property and refuses to give permission to do so.  But that is why we have a constitution to protect property, Iowa Supreme court ruling #30221, and Code of Iowa Section 481A.87 all then comes into law.

 

Your letter did not state if you support a persons right to protect their property under the Iowa Constitution.  But if you do not you must immediately resign your position as you are in violation of your oath of office to uphold the constitution of the state of Iowa.

 

The only thing your agency again mentions is the failed deer depredation program.  I have been enrolled in your program and have the documented substantial damage to my property by your people and the subsequent failure of your program to protect my property.  After the failure of your program to protect my property, Mr. Dale Garner stated he would do a fence on my property but after 5 years and still no fence he does not care about the destruction of my property.

 

The deer depredation program is not designed, stated to or guaranteed to protect a person property.  That is why it has failed to stop the deer damage on every persons property who has enrolled in the program.  You mention the deer depredation program is no-cost, maybe for you!  Your program failed and cost me a documented $2700 and I was only in it for 2 months.  Under the depredation program, you must allow deer to destroy substantial amounts of your property to even be able to enroll in the program, a violation of the Iowa constitution.

 

You mention my court case in 2007 on me shooting a deer to get you into court to find out if the Iowa Supreme court ruling # 30221 was still valid.  The Iowa courts ruled it is legal to shoot deer to protect property validating this ruling.  Sure I did not know everything about it at that time but your people and Jeff Renander were kind enough to show me everything I and all other Iowans need to know now how to use this ruling to protect our property, and we do use it.

 

One week after my trial your administrative rules were changed to be able to allow shooting deer year around.  In the 5 years since my trial I have removed about 200 deer, year around, 24 hours a day, from my property not for the purpose of hunting but only to protect my property and it works very well.  During that 5 years no DNR director or Cedar County Attorney Jeff Renander has chosen to prosecute me or any other Iowan, as they know we are protecting our property and have violated no state laws.

 

If you feel I have violated any state laws, when I shoot deer or any other animals to protect my property please let me know. The next time I shoot a deer, you and Mr Jeff Renander can come out.  We will review the videos of your failed programs and the substantial damage I have received to my property and you can charge me and we will again go to court.

 

If you do not choose to prosecute me and instead choose to uphold my constitutional rights, I will continue to use all means possible to protect my property from deer and other animals and advise all other Iowans of their constitutional right to protect property.

 

Sincerely,

 

 

K. Kelly

 

CC: Jeff Renander

       Dale Garner

       Shawn Meier and Eric Wright

       Margo Underwood

       www.stopthedeerdamage.com