After my trial I set
about to again go to trial if necessary, on my right to
protect my property, but now I knew exactly what to do.
But interestingly I received a letter from the Iowa DNR notifying me that
I had lost my hunting "privilege" for one year! I had not bought a
hunting license nor done any
"state sanctioned hunting" for at least 10 years.
Within 60 days of my trial, I was again shooting deer under my
constitutional right to protect my property, no hunting
license is needed.
Hunting is a state
sanctioned sport, in which you pay a variety of fees to
pursue, kill and keep, one of the states animals.
In old hunting and fishing regulations it stated:
"hunting is a privilege not a right" this is true but they no
longer mention this because they do not want you to know
of your "right to protect your property". State
sanctioned hunting is a "privilege" that private
landowners grant to the state, although we get nothing
for it. You can prohibit all state sanctioned
hunting on your private property, and still remove any destructive animal,
at any time,
to protect your property under the constitution.
Hunting is mentioned no place in the Iowa constitution.
Fencing is not required
to protect your property under any state laws or the depredation rules if
the fence has to be longer than 25 ft which is an 5 ft
square area. A fence that deer cannot get under, over or
through costs about $40 per foot.
During my trial the
State made a big deal out of the depredation program so
I decided to use it since Mr Greg Harris depredation
officer, changed the rules on how they figure deer
damages in court. I had Mr. Harris come out in Sep
2007 to look at my Christmas trees, everything was audio
and video recorded. I had some damage from years
past but with my new "depredation
damage rules" on damage assessment stated by Mr. Harris
in court, in only 20 minutes I had over $1500 in damages
from male deer rubs, and he refused to see thousands
more from browsing. Before my trial the damage
would have only come to $25 under his old rules! I enrolled in the
Depredation program, paid over $350, for depredation
permits, that I was sure would not work, as the program only allowed hunters to remove female deer during the bow hunting
season. When asked "how was this program going to
protect my property" I received no answer.
I followed all their rules (I was banned
by the state of Iowa from "hunting") but in only a
couple of weeks the overpopulation of bucks in the area
started destroying my trees doing over $800 in damages
in a short time. I immediately notified the DNR
that their Depredation program does not work and there
answer was for me to put up a fence which I am not
required to do. I refused to be an indentured
of the state of Iowa (section 23) and notified them
of this. Mr. Dale Garner, DNR wildlife biologist
then stated they would put up a fence.
But apparently they found out what it costs to put up
and maintain a fence as I am still waiting for them to
do the fence that they said they would over 10 years ago.
I then withdrew from Iowa's deer
depredation program, notifying them that they had wanted
the job of protecting my property but had failed to do
their job and I was taking the job myself. I and
persons authorized by me, now remove deer with a rifle,
to protect my property 24 hours a day,
365 days a year and pay no state fees of any kind.
I now remove destructive deer as I did for over 20 years
before my trial but now I know exactly what my
constitutional rights are and how to apply them.
My program I use to protect my property has no objections
from the following persons: County DNR law enforcement officer, DNR depredation
officer, DNR Natural Resources Commissioners, Cedar County attorney office, and Iowa's attorney generals office.
In the last 10 years since my trial I
have removed (shot) from my property over 400 destructive deer.
The state of Iowa, Iowa DNR, and Cedar county attorneys
office has received notice of all of this. I have
no hunting license and paid no fees to the state of Iowa
and remove deer 365 days a year to do this. It now
appears that Iowa has decided to uphold the citizens of
Iowa's constitutional right to protect property.
I and others are ready, willing and
go to court to protect our Constitutional rights, if the
state of Iowa again tries to take away our right to
protect our property. Constitutional rights--use
them or loose them to big government policy and DNR
May and June of every year is some of the
most destructive time for deer browsing. Deer are moving
into new areas and the new growth on small trees and
shrubs along with emerging agricultural crops are
consumed and destroyed. One deer can destroy 25 acres of
newly planted trees this time of year. A lot of deer are removed by
private property owners during this time period to stop
the deer damage.
"A strict observance of the written laws is doubtless one
of the high virtues of a good citizen, but it is not the
highest. The laws of necessity, of self-preservation, of
saving our country when in danger, are of higher
Thomas Jefferson -