Wolford v. Lopez · ¶170

New York had reason to be concerned. Historically, poaching was dangerous to people and property. Stray gunshots injured and even killed people. See Brady, 78 Stan. L. Rev. Online, at 167–168. And poachers were known for “strik[ing] back with deadly force when cornered.” T. Lund, American Wildlife Law 30 (1980). Not only was poaching dangerous to bystanders and property owners, but the tactics used by hunters—including creating fires and leaving carcasses to rot—caused property damage. Id., at 32. In the face of such threats and given the difficulty of policing poaching, historical legislatures likely used all the tools they could muster to decrease the harms related to poaching and reasonably decided that property owners should at least be on notice before accepting the risk of these harms.

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