jjkoe3 (googler)

Hey Karp, are you locked into t Long Island? Upstate there are many opportunities at decent prices for large tracts. Some even have year round hunting for feral pigs! I understand wanting to be quick and close, but it may be worth checking out.

I guess I was not clear. The law states unequivocally that a person has "license and privilege" to enter onto land which is not posted. It is not fine print. It is the written law. I have been on private land and been stopped by DEC. After checking my paper, i asked if it was legal to hunt because I knew there was some county property mixed with town and private. He stated that since it was not posted, it was fine. I grew up shooting on Gallo duck farm with a member of the family. They sold the property and the county ended up with it. We knew by word of mouth that they didn't want people on it but we would go any way because it wasn't posted. someone called on us one day and the officer says, "what are you doing here, this is county land." We replied how should we know that since it is not posted? That ended the conversation. No argument because he knew we were in the right. The next weekend, we went back and the entire property was posted. We have not entered it since. The OP was looking for legality. In the strictest legal sense it is perfectly legal to hunt property which is not posted. If you are asked to leave you must do so immediately. This is not a loophole. This is the way the law was written and it was written like this for a reason. Google is your friend!

I understand your point, but there are plenty of unposted and unimproved lands where it in fact lawful to hunt which is what I interpreted the question to be. Of course one must use common sense regarding proximity to inhabited structures but I read the law to state that one is granted defacto permission to use unposted land. NY Penal law states: [pre]§ 140.00 Criminal trespass and burglary; definitions of terms. The following definitions are applicable to this article: 1. "Premises" includes the term "building," as defined herein, and any real property. 2. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building. 3. "Dwelling" means a building which is usually occupied by a person lodging therein at night. 4. "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise. 5. "Enter or remain unlawfully." A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.[/pre]

Actually that is false. From DEC site: Q. Must I post to keep people off my property? A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately.

I am in on this plan too. I would especially like to get some goose hunting in on some of those fields. There are plenty of farms out east with tons of geese and no pressure.