Landowner run in on a stream near Pineville

[drew03cmc]

My son and I went to do some early season wading with a buddy in the Pineville area on Sunday and, lo and behold, we found ourselves at odds with a renegade landowner who, just happened, to own land right against the inside gravel bar along the deepest, slowest hole we found in a mile of river. This guy was certifiable. We waded upstream, in the water, accessed from a legal bridge access, and were setting our heels on the gravel to fish the far bank in this pool when he walked out and told us he does not allow fishing from the bank. We all took a half step forward into the river and continued to fish while he carried on about us being on the river illegally and trespassing. We didn't pay him much mind and kept fishing to see if we could entice a strike from a brave Neosho that wanted to eat a glide bait. Well, after we didn't appear to take him seriously, he proceeded to grab about an 18" chunk of log about 8" in diameter and exclaimed, "This will make good target practice!" He, then, pulled his pistol out and, after throwing the log into the river about fifteen yards upstream of us, put about 7 rounds into the water all through the pool. We laughed at him being an absolute fool and continued fishing. I didn't mention that my buddy pulled his phone out and began recording right after he mentioned target practice. After he saw the phone recording him, he holstered the pistol and pulled his phone out to record us, for what, I cannot possibly pretend to comprehend. We continued to wade upstream, staying in the water, where he blows all of his leaves (evident by the deep piles of leaves just below the water level all around his gravel bar) and kept casting. Not two minutes after he discharged his weapon, my son hooks up a nice 14 to 15" Neosho on a 7" glide bait, lands it and releases it. We kept going around the bend and there are big trees all along the outside bend here, so he fired his glide up into the tree lined bank, working it back to him and his rod bowed under the weight of a nice Neosho that measured every bit of 17" (measured on a tape). We all knew this landowner was still recording so I turned around to him and asked him, probably foolishly, if he would mind sending that video of the fish catch to us. We kept wading upstream trying to process what just happened and even laughed at it. The day went well besides that and my son has a great new memory and a story to tell. 

[jdmidwest]

a legal bridge access

Not always the case, unless you jump off the bridge into the water.  Highways have easements for the roads, but that does not allow access to all.  Ran into that in Madison County on the Castor and Butler County on the Little Black and found out that legality.

Brandishing a firearm and shooting into a stream does bring up a few laws against him if you recorded that....

[basska]

23 minutes ago, drew03cmc said:

My son and I went to do some early season wading with a buddy in the Pineville area on Sunday and, lo and behold, we found ourselves at odds with a renegade landowner who, just happened, to own land right against the inside gravel bar along the deepest, slowest hole we found in a mile of river. This guy was certifiable. We waded upstream, in the water, accessed from a legal bridge access, and were setting our heels on the gravel to fish the far bank in this pool when he walked out and told us he does not allow fishing from the bank. We all took a half step forward into the river and continued to fish while he carried on about us being on the river illegally and trespassing. We didn't pay him much mind and kept fishing to see if we could entice a strike from a brave Neosho that wanted to eat a glide bait. Well, after we didn't appear to take him seriously, he proceeded to grab about an 18" chunk of log about 8" in diameter and exclaimed, "This will make good target practice!" He, then, pulled his pistol out and, after throwing the log into the river about fifteen yards upstream of us, put about 7 rounds into the water all through the pool. We laughed at him being an absolute fool and continued fishing. I didn't mention that my buddy pulled his phone out and began recording right after he mentioned target practice. After he saw the phone recording him, he holstered the pistol and pulled his phone out to record us, for what, I cannot possibly pretend to comprehend. We continued to wade upstream, staying in the water, where he blows all of his leaves (evident by the deep piles of leaves just below the water level all around his gravel bar) and kept casting. Not two minutes after he discharged his weapon, my son hooks up a nice 14 to 15" Neosho on a 7" glide bait, lands it and releases it. We kept going around the bend and there are big trees all along the outside bend here, so he fired his glide up into the tree lined bank, working it back to him and his rod bowed under the weight of a nice Neosho that measured every bit of 17" (measured on a tape). We all knew this landowner was still recording so I turned around to him and asked him, probably foolishly, if he would mind sending that video of the fish catch to us. We kept wading upstream trying to process what just happened and even laughed at it. The day went well besides that and my son has a great new memory and a story to tell. 

Wow! Little bit scary but a great story nonetheless. I have heard stories of gun wielding land owners on the Sugars....

Very nice fish... I must say, a little bit demoralizing for me given that I also took a day trip down to McDonald Co. for Neosho's on Saturday lol. Granted, I fished at two public access points without waders and barely got my feet wet, but I couldn't catch, or see, a single bass. Chalked it up to "Well, bites slow, rivers low. Nobody catching fish right now." Well, I've been proven wrong! Congratulations. Good to see the bite is on!

[drew03cmc]

26 minutes ago, jdmidwest said:

a legal bridge access

Not always the case, unless you jump off the bridge into the water.  Highways have easements for the roads, but that does not allow access to all.  Ran into that in Madison County on the Castor and Butler County on the Little Black and found out that legality.

Brandishing a firearm and shooting into a stream does bring up a few laws against him if you recorded that....

If I recall correctly, Elder v Delcour dictates that, from a legal access (which in Missouri is a state or county bridge or MDC access), the fisherman is legal up to the high water mark. Also, harassing an angler is illegal in most states, not 100% certain how Missouri reads on that one.

[Flysmallie]

An old court case doesn’t dictate squat when someone does something ignorant. I’d just look for another spot. 

[jdmidwest]

9 hours ago, drew03cmc said:

If I recall correctly, Elder v Delcour dictates that, from a legal access (which in Missouri is a state or county bridge or MDC access), the fisherman is legal up to the high water mark. Also, harassing an angler is illegal in most states, not 100% certain how Missouri reads on that one.

From the bridge into the water.  MDC agents have stated that the county has no rights off the pavement other than to post signs.  That denies land access to stream or parking.  MDC access is wholly owned by state to provide public access.

Harassing a hunter is illegal.  Harassing a fisherman I don't know.  That's a thin area because you are sharing waters used for recreation by others.

[Quillback]

I'd say there's a good chance he violated this clause in the MO "Unlawful use of Weapons" law.

 Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner;

 

[gotmuddy]

Unfortunately legality and case law dont mean anything when someone crazy shoots you dead.  TBH I can't decide if your stupid or insane for laughing at anyone who shot like that.

 

***edit***

when the guy mentioned target practice, your FIRST instinct should be to get the hell out of there, not record.

[Quillback]

I'd be outta there for sure.  That dude is looking for an excuse to shoot someone.  

[gotmuddy]

1 hour ago, Quillback said:

I'd be outta there for sure.  That dude is looking for an excuse to shoot someone.  

absolutely