xt2 Loc: British Columbia, Canada

This is really silly!!!!!

Eric2018 Loc: Los Angeles, CA, USA

Probably illegal to stop the car on the highway. Pull over.
Then again, all is pointless unless you have a camera.

nhastings Loc: Telluride, CO

Although I would agree, I was once in Monument Valley which is part of the Navajoes nation. It was spring and I wanted to capture wildflowers blooming. Got out of my car with camera and tripod and was walking out into an open field. Didn't get too far when a pick-up drove up and a Native American got out with rifle in hand and told me to get off the property, that it was his private property and the horses on the land belonged to him and I could not take any pictures. I told him I was only interested in the wildflowers but his menacing attitude along with a rifle pointing at me made a certain impression. I left to go look elsewhere. I don't know that the Supreme Court has jurisdiction on Native American property. Just an aside on this topic.

Eric2018 Loc: Los Angeles, CA, USA

OP didn't say he was anywhere near an Indian Reservation, but you make an interesting point.
US courts have jurisdiction over certain Indian affairs (e.g., online gambling), but the Indians have the right to establish laws on their reservations independent of what goes on elsewhere, and I encountered the same issue on a reservation in New Mexico a few years ago. It was not a guy with a rifle, it was a law enforcement officer from the reservation headquarters building who explained that photography is prohibited without a permit or in designated areas (such as Acoma). End of story. Obey or risk prosecution and having your camera legally confiscated under local law.

tomad Loc: North Carolina

Get the horse to sign a release just to be safe.

clemente21

I would wait until I am on the road and take his picture (since the guy knows his rights so much), which by then it would make a more interesting image than the wildflowers. But I wonder, if he shoots you, if he would claim to be "standing his ground". Since you "shot" first. No, really. If the guy has a gun, I'd get the hell out.

Retina Loc: Near Charleston,SC

I agree, this is a side topic more about trespassing than photography, but one photographers are more likely to encounter than the average tourist and not just on Native American property. It is good to be reminded about the potential use of firearms by property owners acting within their rights. Thanks for sharing.

speters Loc: Grangeville/Idaho

As long as the horses are fine with it!

bpulv Loc: Buena Park, CA

Legally, you can take pictures from a public place (the highway and the shoulder) of a privately owned place. As far as where you can stop to do that, safety issues and motor vehicle laws will dictate that.

sv3noKin51E

Unless you have your Lone Ranger Kemosahbe sytle hat and mask on, the gentleman/Tonto you encountered may think you're just another lying, no-account paleface trying to unjustly deprive him of his spirit, wampum, horse, truck, sqauw or all of the above. Seriously, my cousin who is over half-native America said he'd have advised the native to pose for a series of shots for an initial down payment of $100 US, as long as he received copies and half of all royalties. (He's a got zillions of pale-face jokes, but most lawyers do). Best advice, never bring a camera to a (gunfight) reservation and hope to win over man with a gun whose ancestors were continually borked by the great white fathers from DC; there's always other scenic vistas in the great wide open that don't involve guns.

As for the photo of Flicka/Mr. Ed, shoot a burst of the beastie through the window ala a St. Louis slo-and go, just use a fast shutter speed and no one will give a whinny, unless of course the horse is busily mounting a filly, which is a straight-up serious violation of most stud contracts, especially if it causes him to shoot blanks. There'll be plenty of horses in the next pasture, whose owners aren't horse's arses. In any event do not climb fences; that's physical trespass, whether it's posted or not. If you're at a petting zoo or get to know the owner/horse, a piece of apple or carrot will seal the horses cooperation; if he lays his/her ears back, it means they have a headache, so, not today Wilbur. As for highway shots, as long as you aren't obstructing traffic and are pulled to the side with doors shut and your flashers on, John Law usually has better fish to fry. If you stop your vehicle ON the roadway like an idiot tourist would do, even if you have flashers on, you're just begging for a ticket or worse, depending on the officer's mood at that moment (says my deputy cousin, with a grin). That's good fun for a Friday, thank guys. sv

dennis2146 Loc: Eastern Idaho

The owner using a firearm, even if you are trespassing, would be a crime unless he felt you were an immediate threat to his life or great bodily injury. The landowner needs to call the local LEO to take action. Most people simply leave when informed they are trespassing.

But there are cases where people who do not own the land have put signs up stating, No Trespassing. Most people simply see the signs and assume they are true. Check local Forest Service or BLM maps and you can see what is private and what is open.

Dennis

Dannj

[... I don't know that the Supreme Court has jurisdiction on Native American property. Just an aside on this topic.[/quote]
I wouldn’t take the time to discuss Supreme Court jurisdiction with someone holding a rifle who is obviously not happy with my presence. Just sayin’ 😊

d2b2 Loc: Catonsville, Maryland, USA

Aren't you glad you asked?

duane klipping Loc: Bristow iowa

I do it all the time as long as you are in the ROW (right of way) it is public and as long as you do not pose a safety issue for you or other motorists.

You are also free to sell the image as a non-commercial image to your hearts content and no release required from horse or owner.

James R. Kyle Loc: Saint Louis, Missouri (A Suburb of Ferguson)

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I have done this from many MANY roads all over the U.S. === As long as you are CLEAR of traffic - Go Ahead... (You might wish to put your "flashers" ON... But do not raise the Hood of the automobile = That is a Universal Symbol of Problems and you will attract attention.)

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