Post trial
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 over 25 years, and have never got one since. Within 60 days of my trial, I was again shooting deer under my constitutional right to protect my property, no hunting license is needed.
Deer removed in the springtime, this is the time deer love to eat the new leaves on the trees. If left unchecked the new trees can starve to death the first year with the constant eating of leaves.
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, including deer, 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 $50 per foot for a 20 year life.
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 servant (slave) 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 15 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 Director, DNR depredation officer, DNR Natural Resources Commissioners, Cedar County attorney office, and Iowa's attorney generals office. See letter here.
In the last 15 years since my trial I have removed (shot) from my property over 500 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. I am proud to say Iowa now has decided to uphold the citizens of Iowa's constitutional right to protect property from deer.
I and others are ready, willing and able to 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 rules.
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 obligation."
Thomas Jefferson -