jjkoe3 (googler)

I take it back. That verbiage was neutered out of the language. The bill which passed the senate is here http://m.nysenate.gov/legislation/bill/S2382A-2011 This bill is an amendment and must pass a vote by the general public. Good luck.

Read the bill. I like this part especially " AND NO COUNTY, MUNICIPALITY OR POLITICAL SUBDIVISION OF THE STATE SHALL[/size][pre] REGULATE AN INCIDENT OF THE RIGHT TO HUNT, TRAP AND FISH." Here on long Island there are a lot of municipalities which in effect prohibit hunting by outlawing the discharge of firearms even over water. I am going to write letters of support to my representatives but I wonder if there is a way to get a petition started, maybe here?[/pre]

TENTATIVE 2011-12 Canada Goose Seasons http://www.dec.ny.gov/outdoor/28496.html

How is that?

Fin, I am with you on that one. Got my lifetime in the fall also. The license will eventually cost $50-$100 i think. Doesn't the federal government require this now?

Seriously, I think people have the mistaken idea that the trespass law was written this way unintentionally. I do not think of this as a loophole or a mistake when writing the code. I believe the persons writing the law fully intended for people to be able to use unposted land. I think they feared large parcels of land being bought up by individuals or corporations and the common man not having access to it. Plenty of people held and hold the belief that the earth is possessed jointly by all and held in trust for our children until they own it etc. Of course we cant just say that no one can own any part of the earth because it would impede economic development. Who would invest in factories etc. if they didn't own the property it was on. So we have a compromise. Land that is posted it is assumed a person has an active interest in using. That which is not posted it may be assumed there is a lack of interest in actively using. Reading what the framers of the US constitution believed about land ownership has been eye opening. It would be hard to understand the intent of the law without some background. Fin, many of their thoughts can be found on "the evil googler"(hope you have a sense of humor) And if the trespassing law gets your panties in a bunch, may I suggest you look up The Law of Adverse Possession!

Maybe they wrote the law that way because to do otherwise would have been to call themselves trespassers!

NY, you say you shouldn't have to post, but that is the law. Just because you don't like the law does not mean you can change it's definition. You say a person know they are trespassing but they are not trespassing. Why is this so hard to understand. The law is clear. Example: If your land is not posted and I wanted to hunt it I could!

Well, round 1 goes to the house. Better luck tomorrow! I liked Pesci in that movie though. What a character.

Sir, people with little minds do not engage in intelligent debate. They have their own opinions and facts do not enter into the equation. I don't know exactly what you mean by hoping I cross the wrong guy one day but I infer that you wish me harm which I would never wish on another person who has never harmed me or my family. You have a great day.

No BE, I feel that if the people who owned the land cared if anyone walked it or even harvested game, they would post it. I know I would if I cared. As I said before, I hqve taken the time to research the owners and many are city dwellers, out of staters and the like. No locals. So my reasoning is they bought or inherited the land as an investment since it is parceled like a neighborhood development. I don't feel like I wknd devaluing their land by hunting it. I don't litter, not even shell casings, and I don't feel I am taking their game as I am upland hunting rabbit and turkey. I wknd pretty sure people in Brooklyn with LLC after their name are not even aware there are turkey there. If I were ever to encounter an owner who objected, that would be my last hunt there. The fact is that knowing that it is private property is not what the law requires but whether that private owner cares enough to post it. If they don't then who is being wronged?

Nonsense... those are beautiful turn of the century deeks

Fin, whenever you would like, you can walk this property with me and see if you feel you are truly trespassing.

I do always try to remember that we represent the whole no matter what. I wouldn't hunt where I thought I had a chance of being arrested for it but I suppose I could be surprised. But they would have to arrest the brother of a Nassau county detective!

*Karp Sorry for the typo. Writing on my cell on my way to AC. The wife drives like a maniac and the BQE is....well the BQE. Wish me luck boys!!!

Fin, Touche. I do have a sense of humor and I also appreciate that you never reverted to name calling no matter how heated our "disagreement" got. It shows you have class! It's easy to talk crap anonymously. Karl, I mostly like to waterfowl hunt with some small game upland mixed in. I wknd trying to put some guys together for a spot upstate. It all depends on how many we can get. I have seen from 50 acres for 1200 to 1500 acres for 8500. If you are serious, let me know how many you can get involved and what you feel comfortable with. I wknd in the 500 to 1000 range per man. Even for a full week or two plus some weekends sprinkled in, I see value in that set up. Plus camping, hiking maybe some fishing too how could you go wrong.

Karp- I do. I am trying to gather some fellers together to lease a piece upstate. The prices are very reasonable and I'm going to tell the missus that we can camp and hike there in the summer

You know I am starting to think you are arguing for arguments sake because I have explained that there are over 50 landowners with private, county and town interspersed. It is not feasible to ask permission. The land is virgin woods. It would be considered unimproved by anyone's definition including I believe yours. You say if the shoe was on the other foot, and I have already said if it were my land it would be posted. I am not talking about finding a spot with a missing or removed sign which is what you make it seem like. Its the woods with no signs around the entire border. I am never worried about "getting caught". I am not doing anything wrong. You make it sound like knowing the law is a bad thing. Well I think that is what the OP asked for. LI, A lot of east end towns have established their own rules on hunting which is rare to the west. I believe Southampton town is one of the only ones who own all of their bottom lands in their waterways for example. You can't just hunt over water like most places. One would be wise to check local ordinances for any prohibitions.

You can say it is illegal or unethical until you are blue in the face but the fact is you can not refer to a specific law because you are wrong. It is not getting away with it. No need to look over your shoulder. I am not afraid to approach the land owners, but there is no need to. And you are right about one thing. If they are asked and say no, then you are trespassing. I think you really know the truth. Prove me wrong.

Mr. Fin, I have given no less than 3 examples of real world experience in my posts. Saying that I have "google experience" is just unfair. Google is a tool. It allows one to find things like the actual written law. No fine print. No escape clause. The actual law says that the property the OP describes, he is granted license and privilege to be on. It is plain and simple. It may not be what you want to hear or what you believe but it is true.

CBX, If the property is not posted you should be OK. Just be sure there are no local ordinances you may be violating and you may want to carry a copy of the law with you to prevent you from being arrested even falsely. I would go so far as to find the DEC officer responsible for your area and speak to them as they are generally more informed about the law regarding hunting/trespassing. You will most likely be reassured after speaking to them.

I never feel as though I am sneaking when I hunt. That would be immoral even if it were legal. We may be talking about different types of areas. I sometimes hunt where there is mixed county, town, private land which is parceled into as small as .18 acres to 30 acres but it is completely undeveloped and I have never seen another person in many days of being on it. I know others hunt it because I have seen stands and i have picked them up on a game camera. If it is legal and not harming anyone i don't see the problem. The border of this property is less than 250 feet from my home and there are deer in my backyard every night eating my grapevines. If i wanted to just break the law or just shoot a deer, I could do so through an open window from the comfort of my couch.

LIHUNT, Yes I did google those numbers. I don't just dismiss what someone tells me because I think I know. I research these things because I want to be in the right when I am walking through the woods with a weapon. Law and order all the way I say. That being said, just because you can make a citizens arrest does not mean a crime has been committed. You are absolving the state (county in our case) of liability should the arrest be unlawful (false arrest). You would probably get away with it because most people with the money to retain a lawyer for the purpose of suing you would be hunting on club land or their own private land. I have caught someone rifling through the glove compartment of my wife's car in my driveway and the police would not arrest him because he had not taken anything and my property was not posted. It is now. If you have a reference to a part of the penal code which states that hunting on undeveloped, unoccupied, unposted land is illegal I would appreciate your sharing this information as a fellow hunter. I am not stating my case to be argumentative. I believe strongly that this is the law as written and my experiences have born this out.

710.30 refers to NY Criminal Procedure Law "motion to suppress evidence"

That land was county owned and it was because no one could get past environmental because of duck excrement. I get your point and I have been at town hall looking up owners. Sometimes there may be 50-100 owners of 150 acres of continuous undeveloped property. There may be 50 .18 acres parcels in a row. In this case, I would just hunt it. If they cared they would post it. Those ugly yellow signs are only visible from outside the property! Long Island is not alone in having every piece of land owned. That is true of every where. Either state, county town , federal governments or private owners. If I owned land and found someone on it in a tree stand you bet I would be pissed. That is because they would be trespassing on POSTED land! Just to be clear, I am talking about land which is clearly not inhabited, not improved (no crop, no timbering, no upkeep, etc.). Land where it is very obvious the owner does not hunt it or even visit it. If there is a chance for confrontation, it is not worth it to me. But just in case, I carry along that section of penal law with me.