hunting near docks/homes

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Re: hunting near docks/homes

Postby tmclaimerFL » Mon Dec 23, 2013 11:58 am

whaknstak wrote:If the hoa owns the ramp they can control who has ingress and egress. If you dont have permission to use their private ramp they can tell you to leave. If you don't it's felony trespass.

If you have legal access to a public body of water, be it a riparian owners dock, it's open to hunt or fish

Maybe I should stay away from there then :lol3:. I have hunted it before, but it was with a buddy who actually lives on the property.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 12:16 pm

No criminal charges can be brought against you. A private entity can tell you to leave but any reason. If they have the authority of the hoa, you must leave if they tell you to. Refusal is where you get hooked up.

If your buddy is a member of the hoa, and allowed to use the ramp, you shouldn't have any problems.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 12:22 pm

I suggest you read this waknstack to further understand why I said interpretation and how a boat may be considered vehicle

http://www.floridabar.org/DIVCOM/JN/JNJ ... enDocument

I'm not trying to ruffle your feathers waknstack, Simply trying to look at the big picture here
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 1:14 pm

FS 327.02

(39)[EM SPACE]“Vessel” is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.


FS 316.003

75)[EM SPACE]VEHICLE.—Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Interpretation is only necessary when intent is not expressly known. There is nothing to debate. they are not synonymous.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 1:40 pm

I also believe when Jake started the thread, he asked about hunting near houses, not specifically about solely firearms laws, which would make noise ordinances relevant. Though there many not be a law expressly stating a distance, a safe distance is certainly applicable given noise and possibility of your projectile landing on private property. I have seen some shell wadding get blown a considerable distance from direction of shot depending on wind, and pellets could certainly drift depending on wind say for example a shot fired straight up in the air. Is getting a ticket for noise violations worth setting up so close to someone's residence? I find it a little disturbing that a law enforcement officer (which i assume you are) would be somewhat encouraging as to telling someone they couldnt be in any kind of legal trouble for shooting so close to somebody's house. I would think the good rule if thumb would be to imagine if you were in that house with your family, and someone when to shooting directly outside your home where your kids and pets play outside, how would you feel about it, law or not?
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 1:48 pm

Birdhunter,

As much as you want to make this a debate about morality, and how we should think about riparian landowners feelings, this is a thread about law. There is no statutory requirement to be a minimum distance from a residence. Please show me in statute how you came to your conclusion. if have refuted every attempt you have made to portray hunting to close to a residence as unlawful. you have failed to do so.

I have already addressed shot landing on private property. it is unlawful. how far you were away is irrelevant.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 1:53 pm

whaknstak wrote:Birdhunter,

As much as you want to make this a debate about morality, and how we should think about riparian landowners feelings, this is a thread about law. There is no statutory requirement to be a minimum distance from a residence. Please show me in statute how you came to your conclusion. if have refuted every attempt you have made to portray hunting to close to a residence as unlawful. you have failed to do so.

I have already addressed shot landing on private property. it is unlawful. how far you were away is irrelevant.


You made this debate solely about law, the thread topic is not "the legality of hunting near docks/homes." whether you like it or not the subject has ethical questions. I stated I was unsure about whether or not it was lawful in Florida, I also stated I was sure it was unlawful in Georgia on certain lakes, and with good reason.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 2:04 pm

GAbirdhunter wrote:
whaknstak wrote:Birdhunter,

As much as you want to make this a debate about morality, and how we should think about riparian landowners feelings, this is a thread about law. There is no statutory requirement to be a minimum distance from a residence. Please show me in statute how you came to your conclusion. if have refuted every attempt you have made to portray hunting to close to a residence as unlawful. you have failed to do so.

I have already addressed shot landing on private property. it is unlawful. how far you were away is irrelevant.


You made this debate solely about law, the thread topic is not "the legality of hunting near docks/homes." whether you like it or not the subject has ethical questions. I stated I was unsure about whether or not it was lawful in Florida, I also stated I was sure it was unlawful in Georgia on certain lakes, and with good reason.


Your kidding right?

hunting near docks/homes isn't a thread on the actual laws (or lack of) relating to hunting near docks/homes?

The op was asking for a link to a thread about firearms law. You were, and still are, the only one discussing ethics.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 2:56 pm

whaknstak wrote:
GAbirdhunter wrote:
whaknstak wrote:Birdhunter,

As much as you want to make this a debate about morality, and how we should think about riparian landowners feelings, this is a thread about law. There is no statutory requirement to be a minimum distance from a residence. Please show me in statute how you came to your conclusion. if have refuted every attempt you have made to portray hunting to close to a residence as unlawful. you have failed to do so.

I have already addressed shot landing on private property. it is unlawful. how far you were away is irrelevant.


You made this debate solely about law, the thread topic is not "the legality of hunting near docks/homes." whether you like it or not the subject has ethical questions. I stated I was unsure about whether or not it was lawful in Florida, I also stated I was sure it was unlawful in Georgia on certain lakes, and with good reason.


Your kidding right?

hunting near docks/homes isn't a thread on the actual laws (or lack of) relating to hunting near docks/homes?

The op was asking for a link to a thread about firearms law. You were, and still are, the only one discussing ethics.


No I'm not kidding, you are treating this as black and white legalities, and once again not looking at the bigger picture. So I will give you some examples, I guide hunts for a living so I have some perspective on the differences between hunting private land and public land. When I put ten guys out in one of my ponds to shoot there are risks, but one important fact is that all ten acknowledged these risks and were well aware they were putting themselves in a situation where they could possibly be shot accidentally. Everyone signs waivers and does there absolute best to be safe in what they do while hunting with me. Now you have told somebody that it is within their legal right to setup just beside somebody's residence. Let's say "Joe" comes out of his house to work in the yard and is pulling weeds while "Dave" is enjoying his duck hunt. Now Dave drops his gun accidentally and it goes off, and because he was set up so close his accidental gunfire just took out one of joe's eyes. Now he is charged with assault, accident or not it is the hunters responsibilty to safely operate his weapon. Say charges aren't taken up, civil lawsuits are next. Now the big difference between the guys that I take hunting, and "Joe" is that Joe wasn't made aware of the dangers nor was he given the choice, all while he was on his own private property. So how about as a LEO you maybe try something other than copying and pasting Fl statute, and speaking intelligently as to why, even if it isn't against the law, that it may not be such a good idea as to set up so close to someone's residence, where if an accident did occur, the hunter has only put himself in danger, and not someone who wasn't willing to take the risk. It only will take one of these instances, God forbid it ever happen, and the state will shut down hunting on many of the lakes in Florida that are surrounded mostly by houses. The people in these homes have just as much of a legal right to their safety as we do to hunt public water, don't take it for granted, and don't take for granted that gun in your hand because it doesn't care which way the barrel is pointed when that firing pin goes off.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 3:19 pm

GAbirdhunter wrote:
whaknstak wrote:
GAbirdhunter wrote:
whaknstak wrote:Birdhunter,

As much as you want to make this a debate about morality, and how we should think about riparian landowners feelings, this is a thread about law. There is no statutory requirement to be a minimum distance from a residence. Please show me in statute how you came to your conclusion. if have refuted every attempt you have made to portray hunting to close to a residence as unlawful. you have failed to do so.

I have already addressed shot landing on private property. it is unlawful. how far you were away is irrelevant.


You made this debate solely about law, the thread topic is not "the legality of hunting near docks/homes." whether you like it or not the subject has ethical questions. I stated I was unsure about whether or not it was lawful in Florida, I also stated I was sure it was unlawful in Georgia on certain lakes, and with good reason.


Your kidding right?

hunting near docks/homes isn't a thread on the actual laws (or lack of) relating to hunting near docks/homes?

The op was asking for a link to a thread about firearms law. You were, and still are, the only one discussing ethics.


No I'm not kidding, you are treating this as black and white legalities,

That's because it is. You either can or cannot. I contend you can. Please prove me wrong.

and once again not looking at the bigger picture. So I will give you some examples, I guide hunts for a living so I have some perspective on the differences between hunting private land and public land. When I put ten guys out in one of my ponds to shoot there are risks, but one important fact is that all ten acknowledged these risks and were well aware they were putting themselves in a situation where they could possibly be shot accidentally. Everyone signs waivers and does there absolute best to be safe in what they do while hunting with me.

Ok. Your point? This is private property on a private hunt and you protect yourself from liability. How is this relevant?

Now you have told somebody that it is within their legal right to setup just beside somebody's residence.

It is. For reasons already mentioned. That's all I was discussing.

Let's say "Joe" comes out of his house to work in the yard and is pulling weeds while "Dave" is enjoying his duck hunt. Now Dave drops his gun accidentally and it goes off, and because he was set up so close his accidental gunfire just took out one of joe's eyes. Now he is charged with assault,

Not assault. Again you confuse Florida and Georgia law, something you have done throughout this thread. Hypothetical Dave would be charged with culpable negligence under 784.05. Assault under Florida law is the threat of bodily injury, not injury itself.

accident or not it is the hunters responsibilty to safely operate his weapon.

I completely agree. How far away you are from a house doesn't change this fact.

Say charges aren't taken up, civil lawsuits are next. Now the big difference between the guys that I take hunting, and "Joe" is that Joe wasn't made aware of the dangers nor was he given the choice, all while he was on his own private property.

He did choose to buy a house on the lake with this inherent risk not associated with houses elsewhere.


So how about as a LEO you maybe try something other than copying and pasting Fl statute, and speaking intelligently as to why, even if it isn't against the law, that it may not be such a good idea as to set up so close to someone's residence, where if an accident did occur, the hunter has only put himself in danger, and not someone who wasn't willing to take the risk.

I am only accountable for my actions, as are you, and anyone else reading this thread. I simply posted authoritative information on the LEGALITY of hunting near a residence. That is all.

It only will take one of these instances, God forbid it ever happen, and the state will shut down hunting on many of the lakes in Florida that are surrounded mostly by houses.

This is nothing but speculation and fear mongering.

The people in these homes have just as much of a legal right to their safety as we do to hunt public water, don't take it for granted, and don't take for granted that gun in your hand because it doesn't care which way the barrel is pointed when that firing pin goes off.

No one is ever allowed to practice improper gun safety be it 1 mile from a dock or two feet from a dock.



See above.

Can we put this to rest? Let's be honest. You have done nothing but attempt to debate a law that doesn't exist for an entire thread. That is until post 30 when you changed the topic to ethics and began to worry about the wellbeing of imaginary made up people.

Hunting safely near a residence is 100% legal, end of story.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 3:51 pm

Fear mongering? Really? That's a reach. I have no hidden agenda to push, however I do think guys should consider the possibilities of what COULD happen, legal or ethically. Culpable Negligency only carries a maximum sentence of 1 year and a possible fine of 1,000 dollars. The original topic did not limit discussion to legalities. I will give you this, it is not written into law in Florida that there is a set distance you must be from a structure when discharging a firearm. However, I hope that you would admit that once you set up next to somebodies house to hunt, you are now putting that person at risk of accidentally being shot, with the understanding that this person may or may not be aware of that danger. This was the point I tried to make with the private hunt, my hunters know that they are putting themselves within range of other guns, the man in the house did not. I'll try another for you, when I am on the lake hunting, I won't set up at a spot where somebody is fishing or already hunting, its disrespectful. However if a fishing boat comes along and I am already hunting, I expect them to move along and give me enough distance that I can't injure them if I shoot their direction. Point being, the man in that house was there before you arrived to hunt, and you should respectfully keep your distance so as to not by any means put him at a higher risk for being injured accidentally.
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Re: hunting near docks/homes

Postby tmclaimerFL » Mon Dec 23, 2013 4:03 pm

Sooooooo.... How bout this weather were having???


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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 4:11 pm

GAbirdhunter wrote:Fear mongering? Really? That's a reach. I have no hidden agenda to push, however I do think guys should consider the possibilities of what COULD happen, legal or ethically.

Me too. But again not what I was discussing.

Culpable Negligency only carries a maximum sentence of 1 year and a possible fine of 1,000 dollars. The original topic did not limit discussion to legalities. I will give you this, it is not written into law in Florida that there is a set distance you must be from a structure when discharging a firearm.

Thank you. You tried to argue that for 30 posts. Im glad you have finally realized this fact.

However, I hope that you would admit that once you set up next to somebodies house to hunt, you are now putting that person at risk of accidentally being shot, with the understanding that this person may or may not be aware of that danger.

Let's say a man is hunting deer on a lease he has access to, points his rifle in the air, pulls the trigger, and the bullet travels 3/4 of a mile and goes through a window and kills a kid. Do you conclude that he shouldn't hunt on his lease, or that he shouldn't have practiced improper gun safety? What is the reason someone was hurt? Was it where he was physically standing or his poor choice to shoot a rifle in the air? Your argument that distance equals safety is misguided.

This was the point I tried to make with the private hunt, my hunters know that they are putting themselves within range of other guns, the man in the house did not. I'll try another for you, when I am on the lake hunting, I won't set up at a spot where somebody is fishing or already hunting, its disrespectful.

Agreed. But setting up close isn't illegal either. Frowned upon, but lawful.

However if a fishing boat comes along and I am already hunting, I expect them to move along and give me enough distance that I can't injure them if I shoot their direction.

And if they don't? You sit and watch them fish or you move.

Point being, the man in that house was there before you arrived to hunt, and you should respectfully keep your distance so as to not by any means put him at a higher risk for being injured accidentally.

Should is not the same as "required"


See above

Again, we're having two completely different conversations. Feel free to start another thread detailing proper etiquette and how close you feel is close enough to riparian property.

I hope this exchange was informative, but I am done beating a dead horse.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 4:15 pm

tmclaimerFL wrote:Sooooooo.... How bout this weather were having???


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Hahaha :grin:

It's terrible up here. Cold and nasty with all day.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 4:37 pm

Fishing boat should move, otherwise could be charged with hunter harassment by DNR, and I believe hunting public land requires a bit more respect from one another then does hunting private land, while safety still applies. I understand where you are coming from waknstack, and I hope you understand my POV, nothing wrong with polite discussion. Good luck Hunting
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 4:49 pm

GAbirdhunter wrote: nothing wrong with polite discussion.


That's why we log on here ain't it? Take care bud
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Re: hunting near docks/homes

Postby tmclaimerFL » Mon Dec 23, 2013 5:13 pm

whaknstak wrote:
tmclaimerFL wrote:Sooooooo.... How bout this weather were having???


Sent from my iPhone3 using Anti-Botiz software.


Hahaha :grin:

It's terrible up here. Cold and nasty with all day.

Hunted this afternoon and it was 84 and miserable. Never have I needed to use a thermacell in December.


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Re: hunting near docks/homes

Postby jakefromflorida » Mon Dec 23, 2013 6:43 pm

Holy crap! I'm gone one day without logging in and I swore I was at the wrong thread!


Lol, just busting your chops guys. Maybe I should have been a little more specific, I apologize. I try to be as blunt as possible when posting on these forums when regarding location.


The discussion had valid points on both sides. Birdhunter I see where your coming from and I hope all of our state's hunters would have that thought process when hunting by a house. I obviously am/will not being hunting that way.ever.


I asked with this situation in my head...

I'm in my layout at lake "x", sitting roughly 200 yards from the nearest home and or dock. "dave" comes out his house and calls the law because he here's shots on the lake and it's annoying. FWC comes to see me and informs me I have to be 300 yards away, and God forbid he writes me a ticket.

So, with that being said I just wanted to know the law on that style of hunting and what situations could pop up, and how to cover my rear end.

I have common sense and a level head to know how problematic hunting right off the shore from a hone would be....regardless of it's legal or not.


So even if I do drop my gun, Dave's in luck.... I'll be far enough he shouldn't get shot. :thumbsup:




As for the weather! I felt so dang confident this am about hunting. Only to find my spot was a complete and utterly bust. Not one shell fired. Scouted all day and got some things lined up for tomorrow am. Should be a dandy. Thinking a big ole drake can with ringers around it would make a great portrait. :grooving:


Thanks again for everyone's input. Good conversation with good thoughts and knowledge.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 6:54 pm

jakefromflorida wrote:
I have common sense and a level head to know how problematic hunting right off the shore from a hone would be....regardless of it's legal or not.


That is why I simply posted the law. I knew you and others who read this are smart enough to make an informed decision and to use the information appropriately and responsibly.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 7:13 pm

whaknstak wrote:
jakefromflorida wrote:
I have common sense and a level head to know how problematic hunting right off the shore from a hone would be....regardless of it's legal or not.


That is why I simply posted the law. I knew you and others who read this are smart enough to make an informed decision and to use the information appropriately and responsibly.


I dunno whaknstak, over 800 views on this thread, you got any statistical info on the ratio of village idiots per 100 people of the population?
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Re: hunting near docks/homes

Postby marshnole11 » Mon Dec 23, 2013 7:17 pm

LMFAO at the etiquette discussion of hunting close to someones house.

Back on the Indian and banana rivers you hunt so close to people houses you see what they eat for breakfast.

if you build your house on PUBLIC water then you deal with the consequences. There is no law or statute that sets a distance. Except projectile trespass.

So get your asses out there an hunt these areas while you still can. because who knows how long this statute will have before it gets repealed by the yankees and liberals.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 7:17 pm

I dunno, but I can only shed light on the issue. it's up to each person to do with it as they please. They're the ones responsible for their own actions, not me.
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Re: hunting near docks/homes

Postby whaknstak » Mon Jan 20, 2014 3:58 am

Bump for lazy folks
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